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Manitoba

Judge finds Manitoba doctor guilty of sexually assaulting 5 patients

Manitoba doctor Arcel Bissonnette has been found guilty of sexually assaulting five female patients at his practice in Ste. Anne, Man.

Arcel Bissonnette touched female patients in a sexual way without consent: judge

A man with grey hair and wearing glasses walks past a building as the sun shines. He has a light spring jacket, white collared shirt and black tie.
Arcel Bissonnette leaves the courthouse in Winnipeg on Monday afternoon. He was found guilty of five counts of sexual assault Tuesday following a judge-only trial in May. (Darren Bernhardt/CBC)

WARNING: This article contains graphic content and may affect those who have experienced sexual violence or know someone affected by it.

Manitobadoctor Arcel Bissonnette has been found guilty of sexually assaulting five female patients at his practice in Ste. Anne, Man.

The victims, all of whom were Bissonnette's patients, alleged that the former doctor sexually assaulted them during medical appointments between 2001 and 2017.

The doctor worked at the Ste. Anne Hospital and the Sainte-Anne Medical Centre in Ste. Anne, a town about 40 kilometres southeast of Winnipeg.

In her decision released Tuesday, Court of King's Justice Sadie Bond said she believed the Crown had proven that Bissonnette had touched the victims in a sexual nature without their consent during the appointments.

A publication ban is in place on any information that could identify the complainants

One woman who was in court Tuesday began crying as Bond read her decision.

Bissonnette was initially charged in 2020 with six counts of sexual assault.After those charges were announced, more complainants came forward, and 16 more counts were added in October 2021.

He hasn't practised since those initial charges were laid, andhe signed an undertaking with the College of Physicians and Surgeons of Manitoba, stating he would cease practising immediately.

A judge-only trial before Bond on five of the 16 counts was held in May.

Victim's testimony

During the trial, the court heard testimony from the five who said Bissonnette performed vaginal, rectal and/or breast exams on them in ways that made them feel uncomfortable, seemed sexual in nature and that they did not consent to.

Some of the victims also testified that these exams seemed unnecessary and that Bissonnette was mostly silent and didn't explain what he was doing.

Four of victims testified that during vaginal exams, Bissonnette moved his fingers in and out repeatedly. One told the court that Bissonnette "continued and continued and continued and kept doing that over and over," according to the judge's decision.

Another victim testified that during one appointment, Bissonnette had her bend over in front of him while she was completely naked while he held onto her hips.

Some witnesses also testified they observed Bissonnette had an erection afterward.

The May trial also heard evidence from expert witnesses: a family doctor and a doctor who specializes in gynecological cancers.

At closing arguments, Crown prosecutor Rene Lagimodiere pointed out testimony from the expert witness who testified that some of the gynecological exams Bissonnette performed on the complainants were uncommon for a family physician.

Doctor's testimony 'nonsensical': judge

Bissonnette's defence counsel argued that the doctor had performed the exams correctly, and that Crown had failed to prove beyond a reasonable doubt that the touching was sexual in nature.

The doctor testified in his own defence, telling the court that he performed this exams as part of routine physicals based on what he was taught during the gynecology/oncology rotations portion of his medical training 30 years ago.

However, Judge Bond wrote that she found Bissonnette's testimony unbelievable and "nonsensical."

In particular, she said she found it difficult to believe the doctor conducted pelvirectal examinations as part of routine screenings of female patients because of his medical school training, pointing out that this contradicts the testimony of expert witnesses.

She also pointed out that that two of the five witnesses who were regular patients of his said he'd never done such an examination on them before the date of the assault.

"I have found that Dr. Bissonnette's testimony was contrived and that portions were fabricated," the judge wrote.

"I find that Dr. Bissonnettee attempted to provide innocent explanations for the Crown's evidence but that his explanations were false."

Sentencing will be determined at a later date.

In light of the convictions, the College of Physicians and Surgeons of Manitoba is now taking steps to have his licence taken away permanently, according to an emailed statement.

"Dr. Bissonnette's conduct was an egregious breach of the trust placed in him as a physician," said college registrar Dr. Anna Ziomek.

"The harm he has caused to these women is reprehensible."

Bissonnette is facing another trial in February 2024 on the remaining 10 counts, as one of the 16 charges was stayed.

A trial on the original six charges was held in January 2023, but the Crown entered a stay of proceedings, saying the likelihood of conviction had changed after new evidence came to light.

Corrections

  • Earlier versions of this story and others called Arcel Bissonette "a former doctor." In fact, the College of Physicians and Surgeons of Manitoba barred Bissonnette from practising as soon as the first six charges were announced. In light of the convictions, the college is now taking steps to have his licence taken away permanently.
    Nov 28, 2023 5:38 PM CT
  • An earlier version of this story stated that when Bissonnette was initially charged in 2020 his licence to practise was taken away. In fact, he signed an undertaking in which he agreed to cease practising.
    Jan 18, 2024 10:11 AM CT