Sask. court rejects bid to take doctor back to trial on sexual assault charges
Warning: Some readers may find details in this story disturbing
A Regina doctor who faced accusations of misconduct will not be heading back to trial, after Saskatchewan's highest court rejected an appeal from the Crown.
Gastroenterologist Sylvester Ukabam went to trial in 2022 over seven counts of sexual assault stemming from incidents with five separate patients. The women said he vaginally penetrated them or performed breast exams without consent and with no explanation of the medical reasons for the procedures.
None of the accusers can be named due to a publication ban.
At trial, a medical expert testified there would be no reason for a gastroenterologist to examine a woman’s breasts or vagina in the course of their duties.
Ukabam testified he had no memory of the encounters and relied only on his notes from the examinations.
He was acquitted by Court of King’s Bench Justice Brian Scherman, which prompted a complaint against him by one of Ukabam’s accusers.
In his written decision, Scherman said the women were mistaken about what they felt — because they were under sedation or had memories altered after seeing initial complaints in the media.
“The overarching issue in respect of the complainant’s evidence is the reliability of their respective evidence,” he said. “There is, at minimum, a reasonable possibility that each of the complainants misinterpreted and/or do not reliably remember what occurred.”
In her June 2022 complaint against Scherman to the Canadian Judicial Council, one of the accusers said the judge’s decision reflected an underlying attitude of ignorance, misogyny and gender bias that was deeply unsettling.
The council's review of her complaint has been on hold pending the decision of the appeal court.
In the Saskatchewan appeal court decision released Friday, Justice Lian Schwann concluded that judge Scherman made some errors by omitting some Crown evidence, but she was not convinced it would have made a difference in the acquittal.
The Crown’s appeal was dismissed.
Ukabam gave up his medical licence in 2018 and opted not to try to return to the profession after the trial.
A civil case against Ukabam was put on hold in 2023 for medical reasons.
-With files from Canadian Press and Stefanie Davis
CTVNews.ca Top Stories
DEVELOPING Debate gets testy as MPs consider confidence motion in PM Trudeau
MPs debated the first non-confidence motion of the fall House of Commons sitting today, seeing Conservative Leader Pierre Poilievre push once again for a snap election. But with votes secured to keep them afloat, Prime Minister Justin Trudeau's Liberals were quick to turn the discussion into a referendum on the Conservative alternative.
EXCLUSIVE Image released of mysterious object shot down over Yukon in 2023
An image of the unidentified object shot down over Canada's Yukon territory in February 2023 has been obtained by CTVNews.ca.
Couple in Sault Ste. Marie, Ont., awarded more than $500K for enduring life with hellish neighbour
We've all had neighbours we didn't like, but two people from Sault Ste. Marie have been awarded more than half a million dollars for the 'extreme' behaviour of the people who lived next to them.
Boosting Canadian seniors’ benefits would cost a 'chunk of change,' says PBO
Canada’s budget watchdog says the federal government may not meet its fiscal anchors if it acquiesces to the Bloc Quebecois' demand to expand seniors benefits in exchange for keeping the minority Liberals in power.
Ontario woman seen in viral video of Porsche theft now facing more charges
An 18-year-old woman who allegedly stole a Porsche and then ran over its owner in a caught-on-video incident in Mississauga earlier this month is now facing auto theft charges in Toronto.
Premier Danielle Smith announces plan to change Alberta Bill of Rights
Premier Danielle Smith says she plans to reinforce the right to decide whether to receive a vaccination or other medical procedure in changes to the Alberta Bill of Rights.
Trump mixes up the name of Charlottesville, Virginia, during his speech in Georgia
Donald Trump flubbed the name of Charlottesville, Virginia, while going off script during a speech on Tuesday otherwise focused on economic policy, slamming U.S. Vice President Kamala Harris for lying about 'Charlottestown.'
'I have nothing to do with this': B.C. man says he had no idea his name was linked to global fraud scheme
CTV News and the Investigative Journalism Foundation spoke with a Canadian who claims his identity was stolen and used to set up a series of companies peddling fraudulent investment schemes.
Guilbeault calls out Poilievre over 2023 fundraiser with oil and gas executives
Steven Guilbeault accused Pierre Poilievre of catering to his 'rich friends' in the oil and gas sector by pushing a policy to scrap carbon pricing.