Managers at Carlton Gardens in Burnaby did not find out about restrictions on Dr. Jamuna Makhija's licence and past sexual assault charges until he had seen patients at the longterm care home for years.
A recent B.C. Human Rights Tribunal ruling has revealed that a doctor worked at a Burnaby seniors home for years without the people in charge knowing he had been charged with sexual assault in the past and was under conditions not to treat female patients at a care home without a chaperone.
In 2019, however, multiple staff accused him of inappropriate conduct, and he was banned from seeing patients there. The Carlton Gardens general manager then asked Pro Vita's director of care to ask staff if a third party was always present when Makhija met with female patients. Carlton Gardens told Makhija in July 2019 he wouldn't be allowed to return to the longterm care home.
The tribunal noted Makhija had not gotten a chance to explain the circumstances of the charges before the seniors home banned him, but tribunal member Andrew Robb ultimately concluded the doctor had "no reasonable prospect" of proving the charges were unrelated to his duties – in part because Makhija had not provided evidence about the circumstances of the charges or the restrictions on his licence, or how he had rehabilitated himself.
The division had entered into a service agreement with Makhija in October 2016 under its Residential Care Initiative Program, which acts as an incentive system to support physicians to treat patients living at residential care facilities in Burnaby.In response to Makhija's human rights complaint, all three organizations also denied they had an "employment relationship" with Makhija.
The tribunal said there was evidence he was treated unfairly and the three respondents "acted hastily, based on vague information" when it came to the 2019 misconduct complaints.
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