Alberta pediatrician faces sentencing for child pornography offences

An Alberta pediatrician is awaiting his sentence on child pornography offences.

Dr. Ghassan Al-Naami was found guilty in August of possession and distribution of child pornography.

An Edmonton Court of King's Bench judge found that in 2019, Al-Naami received and then sent a video over Skype that depicted child sexual exploitation, accompanied by an explicit text exchange that also constitutes child pornography.

Al-Naami was previously a pediatrician at the Bright Futures Clinic in Edmonton. He also worked in Fort McMurray from 2012 to 2017.

The child sexual abuse material was not related to his work, and it didn't involve any of his patients.

But Crown prosecutor Parm Johal said Wednesday that Al-Naami's role means he understood the impact of his conduct all too well.

"This offender, by virtue of his profession, burned society's trust," Johal said.

"Who greater than a child pediatrician should know about the harms of these types of offences on children? These are the very individuals that our society takes our vulnerable children to in our moments of weakness and vulnerability as parents."

The Crown's position is that in addition to the video, six online text exchanges dating back to 2018 constitute written child pornography, and online searches from 2015 and 2016 indicate Al-Naami was looking for the material.

Defence lawyer Zachary Al-Khatib said the searches don't show beyond a reasonable doubt that is the case, and the offences are limited only to online activity in April 2019.

Permit to practise medicine suspended

Al-Naami was released from custody on court-ordered conditions after his 2019 arrest. In 2021, he was allowed to resume seeing patients under strict guidelines.

According to the College of Physicians and Surgeons of Alberta, his permit to practise medicine is now suspended, prohibiting him from providing patient care.

There's no upcoming disciplinary action listed against him, but a CPSA spokesperson said the case will be dealt with under the regulator's usual processes once criminal proceedings are finished.

Under the Health Professions Act, a criminal conviction is considered unprofessional conduct that warrants disciplinary action, up to and including licence revocation, according to the CPSA.

The Crown submitted this week that Al-Naami should be sentenced to two years, less one day, in a provincial jail.

His two convictions both carry mandatory minimum sentences of one year imprisonment.

Al-Khatib asked Court of King's Bench Justice Kent Davidson to strike down that provision, and instead sentence his client to a period of house arrest.

Sentencing submissions from the defence included evidence from forensic psychologist Dr. Liam Ennis. His assessment of Al-Naami concluded that he poses a low risk to re-offend. Ennis is recommending Al-Naami receive treatment in a community setting.

Al-Khatib said his client has support from people who are willing to assist in his rehabilitation.

"The impact of being put in a facility with more serious offenders is likely to negatively affect him such that it increases, rather than decreases, recidivism risk," he said.

The Crown questioned some of the report's methods and conclusions, arguing Ennis wasn't provided a complete account of the evidence presented in court.

Johal said the assessment also relied too heavily on self-reporting from Al-Naami. Ennis noted that he didn't believe parts of what Al-Naami told him,, and that he continued to deny wrongdoing.

The defence said the convictions are an "aberration" in Al-Naami's life, and that he has already lost his livelihood. He has no prior criminal record.

Johal said the harms of child sexual abuse material are far-reaching, and expert evidence presented in court noted Al-Naami has demonstrated a lack of insight or remorse.

"When we do detect these crimes and successfully prosecute them, the courts must send an unequivocal message that these crimes will result in significant jail sentences," she said.

"This was not a slip. It was not an isolated or impulsive act."

The judge's sentencing decision is expected later this year. A date hasn't yet been scheduled.