Parity Between Professions

Should different professions impose the same standards, and the same sanctions, for the same conduct? In Jobin c. Technologues (Ordre professionnels des), 2021 QCTP 83 (CanLII), the Professions Tribunal said not necessarily. In that case, the practitioner was registered with two regulators (one for professional engineers and one for professional technologists). The practitioner was convicted criminally for municipal corruption. The practitioner was disciplined by the professional engineering regulator and was suspended for six months and fined $10,000. When disciplined for the same conduct by the regulator for professional technologists, the practitioner was suspended for 12 months and fined $7,500. On appeal, the practitioner argued that since the crime was committed in his capacity as a professional engineer, he should not be disciplined as a professional technologist. He also argued that the professional technologists regulator should not impose a more severe penalty than what was imposed by the professional engineering regulator.

The Court upheld both the finding and the sanction. The Court upheld the finding that a criminal conviction for corruption was relevant to the practitioner’s practice of professional technology. The Court also indicated that different professions did not necessarily have to impose the same sanction for the same conduct.

Parity of discipline amongst professions is not required.

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