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.
Misinformation as a Basis for Limiting Charter Rights
A frequent discussion at the courts in recent years is how regulators are to balance interests protected by the Canadian Charter of Rights and Freedoms
Protecting Parallel Criminal Proceedings
Regulators are often uncertain about proceeding with discipline allegations, even serious ones, when there are parallel criminal proceedings. The regulator does not wish to interfere
Intent, Cutting and Pasting, and Joint Submissions
Courts have been fond in recent years of dispensing with hard and fast rules and using a contextual approach of whether, “in all of the
Considering the Response
The three principles of procedural fairness for regulators are: give notice, provide an opportunity to respond, and then consider the response. Most challenges to regulatory
Publishing Allegations
In recent decades there has been a shift in thinking about whether regulators should publish pending allegations of misconduct. Years ago, there was concern that
Stays Just Got Harder to Obtain
Once a final regulatory decision has been made, a registrant can usually appeal or seek judicial review. Such challenges take time. At least months. An
Regulation by Objectives
The Interprofessional Council of Quebec has released a major study on the overarching approach to regulating professions. It is written by professors Popescu and Issalys
Sanctioning Sparseness
It is, unfortunately, not uncommon for some applicants to use the protected title and begin practising before the application for registration is completed. Regulators struggle
Risky Resolutions
Negotiated resolutions are generally considered a good thing, including in the discipline hearing context. They generate an almost certain outcome, without the risk of unpredictable