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.
Title Protection Restored
The British Columbia Court of Appeal has restored title protection provisions in that province. In College of Midwives of British Columbia v. MaryMoon, 2020 BCCA
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
Criminal Search Warrants for a Regulator’s Files
It is generally accepted that the confidentiality provisions for provincial regulators are subject to federal criminal search warrant powers. Federal law is paramount over inconsistent
Acknowledging the Apparent
Regulators always need to be, and appear to be, fair. Regulators need the confidence of registrants in order to discharge their mandate to serve and
A Rare Case of Excessive Delay
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
No Pandemic Exceptions
This case illustrates the importance of the Legislature and regulators considering exceptional circumstances when making legislation.
Warning Letters are Not Subject to Judicial Review
Regulators often warn unregistered persons that they appear to be practising illegally or using an illegal title. These are sometimes called “cease and desist” letters.
Intervention by a Party’s Former Lawyer
When should the former lawyer of a party be able to intervene in a legal proceeding in order to protect their financial and reputational interests?
Invigorated” Undue Delay Scrutiny
Given the strict judicial scrutiny of delays in criminal cases, regulators have been wondering whether those principles would creep into the professional discipline arena. Saskatchewan’s