Single Act, Double Fault
A basic principle is that a person should not be punished twice for the same fault. However, that principle tends to be applied quite narrowly
Bernie LeBlanc
September 13, 2022
A basic principle is that a person should not be punished twice for the same fault. However, that principle tends to be applied quite narrowly
In Alberta Securities Commission v Hennig, 2021 ABCA 411 (CanLII), https://canlii.ca/t/jl93g, Alberta’s highest court took a narrow view as to when disciplinary sanctions of a
The Professional Standards Authority (PSA), the oversight body for health and social care regulators in the UK, has recently published a reflective blog on its
A common legal phrase is that an individual “knew or ought to have known” of certain events. In discipline matters, intentional misconduct generally attracts a
Regulators safeguard highly confidential information in two respects. The first is within the administration of their own operations where there is typically a significant duty
One increasingly popular mechanism for regulators to allocate resources and avoid subjecting registrants to unnecessary stress is to decline to investigate complaints that are frivolous,
A recent Alberta case reaffirms that regulators with the authority to compel information from registrants can require a registrant to give the regulator a copy
One of the most difficult tasks for a discipline panel is assessing the credibility of witnesses, particularly in sexual misconduct cases where most of the
Many regulators are permitted to require registrants to pay some or all of the costs of a discipline hearing if a finding is made against
When a disciplinary finding is made, hearing panels need to consider the relevant circumstances and not consider the irrelevant circumstances when imposing sanction. Are unproven