Publishing Discipline Decisions Pending Appeal
A recurring issue is whether regulators should publish a disciplinary decision where the decision is under appeal. On the one hand, publication would protect the
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A recurring issue is whether regulators should publish a disciplinary decision where the decision is under appeal. On the one hand, publication would protect the
During the early months of the pandemic the New Brunswick regulator for pharmacists felt the urgent need to be able to waive some of its
Sometimes when an appeal from a discipline decision is successful, the court returns the case to be reconsidered by a differently constituted panel. However, when
Some courts have issued special directions restricting the ability to record online proceedings. Many tribunals have the authority to make rules of procedure on conduct
The Divisional Court of Ontario recently ordered that an appeal of a discipline hearing proceed remotely over the objections of counsel for the practitioner. The
Generally the fact that a practitioner is under investigation is not made public. Only if a referral to discipline is made or significant remedial action
For almost two decades the case of Finney v Barreau du Québec, 2004 SCC 36, http://canlii.ca/t/1h87m has caused regulators to wonder in what circumstances a
Judicial review has traditionally been narrower than an appeal. This is so particularly when it comes to the remedies that can be granted by the
Health regulators have long faced criticism that they lack transparency and that they hide information about their members from the public. This criticism is often
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