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.
Scrutinizing Sanctions
Discipline panels often must decide how to consider a registrant’s medical conditions or personal stress when imposing a sanction. Alberta’s highest court provided guidance on
Doré Applied
Regulators are required to respond proportionately when their public protection mandate involves imposing consequences on a registrant’s expression: Doré v. Barreau du Québec, 2012 SCC
In All the Circumstances
Clear and rigid rules are easiest to apply. For example, discipline panels would have an easier time if there was never a requirement to prove
Postpone for Parallel Proceedings?
Should a regulator postpone its investigations where the registrant is involved in a parallel proceeding addressing many of the same issues? In Bauhuis v Association
Social Media Use by Decision-Makers
Much guidance has been given by regulators on the use of social media by registrants. For example, the Royal College of Dental Surgeons recently updated
Procedural Fairness Towards the Tribunal
In a discipline hearing, procedural fairness is intended to ensure that the registrant knows the concerns and has a full opportunity to respond to them.
Feedback Loop
Courts are much higher on the decision-making ladder than administrative tribunals. Courts can reverse tribunal decisions and issue directions for them to follow. Court decisions
It’s All in How You Say It
Most public interest boards of directors have a Code of Conduct designed to facilitate the effectiveness of the board, protect staff from inappropriate conduct, and
Direct Democracy and Professional Regulation
The ability of registrants to pass motions at a general meeting or otherwise offer guidance to their regulatory bodies is again in the news. The