Charles Duncan, a former Fonthill family doctor convicted in 2022 for sexual assault, has lost his appeal. He was remanded into custody to serve his sentence.
Duncan’s appeal was heard Wednesday morning, Oct. 11, at Osgood Hall in Toronto before a panel of three justices. Through sources related to Duncan’s victims who declined to be identified for privacy reasons, PelhamToday has learned that Duncan was immediately taken from the court to begin his incarceration.
On June 3 2022, Duncan was sentenced to 15 months’ jail time plus three years’ probation, after being found guilty in January 2022 on six counts of sexual assault. Terms of the probation included no contact with the five victims whose cases ended up being prosecuted, and counselling as assigned by Duncan’s parole officer. In addition, he was to submit a DNA sample, and comply with sex offender registration.
At the time, the sentencing judge specified that the period of incarceration should be served at a correctional facility that was not a federal penitentiary. A Crown spokesperson told PelhamToday on Oct. 17, "The Ministry of the Solicitor General does not disclose the location of provincial inmates for security reasons."
Duncan, now 80, had been free on bail pending his appeal and living in Port Colborne. Reached for comment, a Crown spokesperson responded on Oct. 16, that the Crown "can advise that on June 3, 2022, the accused was sentenced at the Ontario Court of Justice to 15 months jail and 3 years probation on 6 counts of sexual assault sec. 271 Criminal Code (Canada). On October 11, 2023, the Court of Appeal dismissed the appeal, their reasons reserved."
The court's written decision will be released at a later date.
Duncan was convicted on six counts of sexual assault in relation to five different complainants. The charges stemmed from acts committed by Duncan in his medical practice and elsewhere between January 1 and October 31 of 1999; November 27, 2000; June 23, 2009; June 30, 2009; September 25, 2016; and from September 1 to September 30 of 2018.
After practicing family medicine in Pelham for decades, Duncan resigned from the College of Physicians and Surgeons of Ontario in October 2019, and was required to give up his license, after the College commenced an investigation into allegations against him of professional misconduct and incompetence.
When one of the assault victims told her story to the Voice of Pelham newspaper that autumn, several other women came forward with similar allegations. Duncan was formally charged with seven counts of sexual assault and one of sexual exploitation, and was arrested by Niagara Regional Police in November 2019. The women involved were aged 16 to 64 at the time of the incidents.
During the trial, some 50 letters of support for Duncan were entered from family members, former patients, staff, and medical colleagues. Duncan had no prior criminal history, and previously had an unblemished record with the College of Physicians and Surgeons of Ontario.
At his sentencing hearing, the Crown noted that the crimes represented a significant breach of trust, involved multiple victims over a lengthy period spanning two decades, and required a sentence “proportional to the gravity of the offence.”
Duncan had previously declined an opportunity to address the court.
Justice Deborah Calderwood, in her address, stressed that her focus was on a sentence that was appropriate and personalized—“There is no mathematical formula to be applied,”she said—and cited numerous court cases to buttress her decision. It was clear that Calderwood intended to send a strong message of denunciation to healthcare professionals who breach the trust implicit in their codes of ethics.
Victim impact statements appeared to have had a compelling influence. Calderwood recounted for the court the feelings of shame, embarrassment, anxiety, and depression felt by the women, some who related that their personal relationships have suffered, and that they have ongoing problems trusting others, and receiving affection.
“Charles Duncan took advantage of his patients’ vulnerability,” said Calderwood. “The power imbalance weighed heavily in his favour, and he used it to the detriment of his victims.”
Mitigating factors included Duncan’s asserted poor health and advanced age, continued support from his family, and the many positive references to his expertise and care as a family physician over the decades.
Aggravating factors, said Calderwood, included his breach of trust, the intense negative impact of his actions on the victims (one who was a minor), and his apparent lack of contrition.
“He never gained insight into the harm he had caused,” said Calderwood. “Damage was caused the moment the victim’s trust was breached.”
Calderwood also noted that the charges stemmed from actions which occurred over almost two decades.
“This was not an isolated lapse of judgement. Only a real jail sentence will send the appropriate message.”
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Updated Oct. 17 with comment from the Crown.
