Welcome to the Regulation Pro Blog. SML’s blog contains brief discussions of court decisions and other developments in professional regulation, with one or two new posts per week. Explore our catalogue below or on CanLII.
Please note that the information contained in Regulation Pro is not intended to be legal advice and is not intended to be acted upon. The information contained herein is intended for general information and educational purposes only.
Soft Complaints
A report commissioned by the British Columbia College of Physicians and Surgeons, entitled Critical Review of the Formal Complaints Process, contains a number of innovative
Language Proficiency Requirements Are Not Discriminatory
Ever since the notorious decision of Brar and others v. B.C. Veterinary Medical Association and Osborne, 2015 BCHRT 151 (CanLII), regulators have been uncertain as
Delay Duties
What duty does a discipline panel have when there is a lengthy delay before the concerns come for a hearing? In Burgener v Law Society
Case Study on Addressing Anti-Indigenous Racism
As noted in the August issue of Grey Areas, many regulators are still in the early stages of learning how to engage with anti-Indigenous racism.
Cooperating with the Police
The subject of when regulators should cooperate with police investigations raises complex policy and legal issues. On a policy level, regulators can be criticized for
Rescinding Registration
Can a regulator rescind a person’s licence once it has been issued? This complex question received a partial answer in Amendola v. Law Society of
The Importance of Public Representation on Panels
In a divided decision, the majority of the Ontario Divisional Court has held that having a public member on a discipline panel can be essential
So Many Unanswered Questions
For the impatient among us, interim stay applications can be frustrating. These applications only determine whether a decision is to be put on “hold” without
No Back Door to Obtaining Disclosure
It is only natural for people participating in regulatory investigations to want to know what the regulator knows before answering questions. However, regulators often want