Nature of Action: A section 39(2) order by consent under section 37.1 of the Health Professions Act, R.S.B.C. 1996, c. 183. Following the issuance of a citation giving notice of a formal discipline hearing, Graham Breault made a proposal to enter a consent order with the Inquiry Committee. Mr. Breault ultimately consented to an order by the Inquiry Committee that:

1. Mr. Breault’s registration with CMTBC was cancelled effective December 4, 2019; and
2. Mr. Breault is not eligible to apply for reinstatement of registration with CMTBC for a period of 20 years from the date of the order, that is, until December 4, 2039.

Given this resolution, a formal discipline hearing will not proceed.

Read Mr. Breault’s Proposal (PDF).

Read Consent Order (PDF).

Reasons: Mr. Breault made the following admissions:

1. That on October 26, 2016, prior to when he became a registrant of CMTBC but after he had applied to do so, while conducting a body massage of a female client, he touched her inappropriately and in a sexual manner without her consent; and
2. That on November 7, 2018, while he was a registrant of CMTBC, he was convicted of a sexual assault which occurred on October 26, 2016.

The Inquiry Committee regarded Mr. Breault’s conduct to be fundamentally inconsistent with the duties owed by registrants to patients, to the profession and to the public. While Mr. Breault requested cancellation of his registration last year, the Inquiry Committee considered it important that there be a formal cancellation of his registration by disciplinary order. The Inquiry Committee was of the view that the lengthy period of time which Mr. Breault agreed to before he can possibly re-apply for registration with CMTBC protects the public.

Should Mr. Breault seek reinstatement of registration as a registered massage therapist in BC after December 2039, he would be required at that time to satisfy CMTBC’s Registration Committee that he is of good character and fit to practice massage therapy.