College won't hand over files concerning discredited pathologist

The College of Physicians and Surgeons does not want to hand over the files involving complaints made against Dr. Charles Smith.

A panel concluded the discredited pathologist made mistakes in 20 of 45 cases he handled involving the suspicious deaths of children since 1991.

Thirteen people were convicted at least in part because of his bad evidence.

The inquiry looking into Smith's work wants to see the complaints and other files.

But for now, the College is refusing to hand them over.

Next week Justice Stephen Goudge will decide whether the inquiry can see them or whether doing so would violate patient confidentiality.

Public hearings are scheduled to begin Nov. 12 in Toronto and Goudge is expected to deliver his final report by April 25, 2008.