Pharmacist in northwestern Ontario acquitted of sexual assault charge, regulatory body hearing still pending

WARNING: This story references allegations to sexual assault and sexual abuse:

A Vermilion Bay, Ont., pharmacist was acquitted of a sexual assault charge in court Monday, though a pending hearing with the profession's provincial regulatory body remains unresolved.  

Ali Yehya pleaded not guilty in the case before the Ontario Court of Justice. It was alleged Yehya committed sexual assault in Machin Township between Nov. 15 and Dec. 25, 2022.  The 55-year-old's trial was heard by a judge alone and scheduled over four days between February and May this year. 

Yehya was acquitted of the sexual assault charge on Monday. The judge said that the evidence submitted raised a reasonable doubt on the allegations. 

CBC News is limited in detailing information about the evidence or circumstances that led to the acquittal due to a publication ban with protects the identity of the complainant.

Yehya's pending Ontario College of Pharmacists (OCP) hearing relates to the alleged sexual abuse of two patients when he was working as a pharmacist and designated pharmacy manager. The OCP lists the referral date for the allegations as Dec. 18, 2023. 

It is not clear if the allegations before the OCP are related to the criminal charge against Yehya. 

In an emailed statement, the Vermilion Bay Pharmasave confirmed Yehya worked there. 

Vermilion Bay is roughly 400 kilometres northwest of Thunder Bay in Machin Township, which has a total population of just over 1,000, and the Pharmasave is the only pharmacy in the township. 

CBC News is not naming the alleged sexual assault victim listed in the court documents, as there is a publication in place. Court documents obtained by CBC News before Monday's judgment indicated there was initially not a publication ban. 

Accused no longer at pharmacy, statement says

The lawyer representing Yehya in the criminal proceedings said before Monday's judgement that neither he nor his client could comment as the matter is before the courts. 

"The pharmacist in question has not worked at the Pharmasave Vermilion Bay location for over a year," said Pharmasave in an emailed statement.  

"As the Ontario College of Pharmacists' hearing is still pending and due to privacy reasons, along with the fact that this individual is no longer working at this pharmacy, we are unable to provide further information."

Pharmasaves are all independently owned and operated, said the statement. On the OCP website, the Vermilion Bay location is listed as entitled to operate with no noted concerns. 

College looking into patients' abuse allegations

For the pending OCP hearing, the dates of the allegations, pharmacy name and names of the patients are redacted in the Specified Allegations of Professional Misconduct, which refer to the individuals as Patient 1 and Patient 2. 

According to the OCP allegation documents, Yehya is accused of engaging "in an inappropriate romantic and/or sexual relationship that included kissing, touching of a sexual nature, and/or remarks of a romantic and sexual nature" with Patient 1. 

The OCP also alleges Yehya "engaged in harassment and/or sexual harassment" toward Patient 2 by "touching and/or attempting to touch her inappropriately," making sexual comments, and "making vexatious comments or engaging in conduct that was known or ought reasonably to have been known to be unwelcome." 

"While you were practising as a pharmacist and the designated manager at [the pharmacy], you engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable or unprofessional,"  the allegation documents say. 

No OCP hearing date yet

These allegations have not yet been tested in a hearing, said the OCP in an emailed statement.

"No hearing date has yet been scheduled for the discipline committee to hear the referrals made against Mr. Yehya, and it is not possible to estimate a hearing date at this time." 

Yehya is currently subject to an interim order that specifies he's not allowed to practise without supervision. He is required to submit the name and contact details for any pharmacy he practises at to the OCP and had no listed workplaces on his OCP profile at time of publication of this story. 

He was previously investigated by the OCP in 2018 for not following appropriate pharmacy closure procedures. 

"Mr. Yehya was locked out of the pharmacy by the landlord during their commercial dispute and that patient records and medications, including narcotic drugs, controlled substances, and benzodiazepines, were accessible by members of the public," said the OCP report record.

He was issued a caution in 2020 and completed a remediation program.

If you have any more information related this story, you can contact Michelle Allan at michelle.allan@cbc.ca

Support is available for anyone who has been sexually assaulted or who is affected by these reports through crisis lines and local support services. ​​If you're in immediate danger or fear for your safety or that of others around you, please call 911.

Northwestern Ontario resources:

• Fay Peterson House, Thunder Bay: Call 807-345-0450 or text 807-700-5011 for 24/7 crisis counsellors, information and referrals for women and girls roughly 16+. Also offers 20 weeks of free counselling for survivors of any kind of sexual violence. 
• Kenora Sexual Assault Centre: Call 1-800-565-6161 for 24/7 crisis line. In-person drop in at the Centre Monday through Friday from 1 p.m. to 4:30 p.m.
• Thunder Bay Regional Health Sciences Centre - Sexual Assault/Domestic Violence Treatment Centre: Call (807) 684-6751 for health services and consultation for survivors of sexual assault and domestic violence. Phones staffed Monday to Friday, 9 a.m. to 5 p.m. Services also available after hours in the emergency department. 

Ontario-wide resources: 

• Beendigen Talk4Healing: Indigenous women can call or text 1-855-554-HEAL for 24/7 crisis support and resources through talk, text and live online chat. Support available in 14 Indigenous languages including Anishinaabemowin, Oji-Cree, Cree and Inuktitut. 
• Support Services for male survivors of sexual abuse: Call 866-887-0015 for 24/7 multilingual support service for male survivors of sexual abuse, both recent and historical.

Canada-wide resources: 

• Assaulted Women's Helpline: 1-866-863-0511 for 24/7 free, anonymous crisis counselling, info and support available.