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.
Two Recent Reminders of the Importance of Effective Governance
Last week two significant reports addressing ineffective board governance were released. Both should concern professional regulators as they outline issues and challenges which many regulators
A Nice Summary of the Standard of Review in Discipline Sanction Cases
Just as the Supreme Court of Canada is on the eve of considering the standard of review of administrative decisions generally, an Ontario Court has
Screening Committee Decisions
Two recent related decisions by the screening committee for the regulator of Ontario teachers reinforce the authority of screening committees to deal informally with concerns
Burden of Proof in Registration Applications Involving Good Character
As a general proposition it is the applicant for registration who has the burden of proving that they meet the entry requirements. However, this conceptual
Deference to Clinical Examination Results
Where an entry-to-practice examination involves clinical skills, it is particularly difficult to challenge (or defend) the outcome. The scoring typically involves the application of professional
Disparaging Comments Misconduct Finding Upheld
The Saskatchewan Court of Appeal has upheld a finding of misconduct against an agrologist for making disparaging comments about other members of the profession and
A National Regulatory Body is Possible in Canada
Under Canada’s Constitution, the regulation of professions falls under provincial jurisdiction (i.e., property and civil rights). With rare exceptions (e.g., banking, immigration), professions are not
A Court-Approved Approach to Making Defensible Credibility Findings
In The Law Society of Manitoba v Young, 2018 MBCA 126, http://canlii.ca/t/hwbp5 Manitoba’s highest court rejected an appeal made on the basis that the hearing
Lisbon Recognition Convention
The Lisbon Recognition Convention (LRC) is an international agreement involving Europe, the United States and Canada. It has been ratified by Canada earlier this year,