THE DISCIPLINE FILE
Case No.: 18-012-RDO continued
Facts Relating to Allegation #2 —whether the Profes- sional Member had been convicted and incarcerated for accessing and possession of child pornography 9. The Professional Member pled guilty to the posses- sion of child pornography and accessing of child pornography charges and received a prison term of two years plus a day and three years probation. 10. The Professional Member is currently on parole. 11. The Professional Member has been under the care of a forensic psychiatrist who has diagnosed that he has a collection compulsion and that the pornograph- ic images were collected pursuant to this compulsion due to work and personal stressors. 12. The forensic psychiatrist did not diagnose the Pro- fessional Member as a pedophile. 13. No evidence exists to indicate that the Professional Member ever was or is now a threat to children or the public in general. D. CONDUCT 14. The member freely and voluntarily admits that his conduct constitutes unprofessional conduct and that the complaints set out above are admitted and proven. The Professional Member has therefore engaged in unprofessional conduct that contravenes the Code of Ethics of the profession, Rule of Conduct #5, as established under the General Regulation, and harms or tends to harm the standing of the profession generally, which is contrary to Section 44(1)(b) and (c) of the Act. Section 44(1) of the Act states: 44(1) Any conduct of a professional member, licensee, permit holder, certificate holder or member-in-training that in the opinion of the Discipline Committee or the Appeal Board: b) contravenes a code of ethics of the profession as established under the regulations; c) harms or tends to harm the standing of the profession generally; whether or not that conduct is disgraceful or dishonourable, constitutes either unskilled practice of the profession, or unprofessional conduct, whichever the Discipline Committee or the Appeal Board finds.
163.1 (4.1), Criminal Code of Canada , possessing child pornography and accessing child pornography.
C. AGREED STATEMENT OF FACTS 1. The Member was a professional member of APEGA in good standing, from December 12, 1992, until April 26, 2018, when he voluntarily resigned his APEGA professional membership. 2. The Member does not intend to pursue a further career in engineering or geoscience. 3. At all relevant times, the Member was bound by the Act and the Code. 4. The Member has cooperated fully with all aspects of the APEGA investigation. Facts Relating to Allegation #1: —whether the Professional Member had been arrested and charged with accessing and possession of child pornography. 5. An IT flagging system at the Professional Member’s employer revealed a suspicious search history that flagged approximately 10,000 unpermitted website access attempts, mostly to pornographic sites. 6. After receiving information from the Professional Member’s employer's IT department, an investigator with the Calgary Police Service executed a search warrant on four computer hard drives, one Scandisk 16GB USB, 45 CD/DVD discs, two floppy discs, one Maxell 100 MB zip disc drive, one Dell Dimension 5150 Computer tower, and one Dell Latitude E6440, all of which were in the office of the Professional Member at his place of employment. 7. A forensic analysis of the seized computer hardware revealed 1.6 million stored pornographic images, including 11,066 child pornography images. 8. After completion of the forensic analysis of the computer hardware, the Professional Member was arrested and charged with 163.1(4) and 163.1 (4.1), Criminal Code of Canada , possession of child pornog- raphy and accessing child pornography.
SUMMER 2019 PEG | 70
Made with FlippingBook flipbook maker