According to the rules for the disciplinary committee, as laid out by the CMTO, hearings can be held electronically should both parties agree.
In late March, however, the provincial government approved the Hearings in Tribunal Proceedings (Temporary Measures) Act, and a committee may order that hearings be held electronically.
As a result, the CMTO’s discipline committee issued a directive earlier this month stating that all proceedings in front of the committee, including pre-hearing conferences, motions and hearings, would be held by videoconference or telephone.
“Expansion of virtual access through remote hearings will ensure that the committee fulfills its public protection mandate by moving matters forward expeditiously while minimizing disruption to the hearing schedule and ensuring compliance with public health guidelines,” the directive reads.
“Given the uncertainty of when it will be considered safe to resume in-person hearings, this direction remains in effect until rescinded by the discipline committee.”
In an email to the Mercury Tribune Monday evening, Morrison said the college “has not raised the possibility of a virtual hearing with Mr. Boggess at all.
“The credibility of the witnesses will be important in this matter, and therefore essential that the complainant and other witnesses can be observed and scrutinized by all viewers. Mr. Boggess has received broad support from his community throughout this matter, and looks forward to confronting the complainant’s allegations at the hearing.”
Boggess has been certified with the CMTO since October 2017, and has no prior disciplinary history with the college.
According to the college’s registry of massage therapists, Boggess is still able to practise ahead of his hearing.
However, under the emergency orders put in place by the province due to COVID-19, health-care professionals are only able to provide in-person care if it is deemed as an emergency or as urgent care.
On its website, the college states its position is that registered massage therapists should not practise at this time “because CMTO does not view the practice of massage therapy as emergency/urgent care.”