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
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
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
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
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
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
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
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
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
Revoked registrants can usually apply for reinstatement after a specified period of time. While the criteria for reinstatement vary, usually one issue is whether the
For regulators, one of the more frustrating aspects of the discipline process is when a registrant asks for repeated and extended deferrals of discipline hearings