Being found to be ungovernable twice in two years is quite a feat. This happened to a Manitoba nurse in Kuny v College of Registered Nurses of Manitoba, 2018 MBCA 21, http://canlii.ca/t/hqx9l. In that decision “the Discipline Committee found that Kuny had, by his actions and words, refused to accept the authority or take direction from his governing body and was therefore ungovernable.” Without going into detail, the Court held that this finding was well supported by the evidence. The Court also upheld an order cancelling the nurse’s registration and imposing $30,000 in costs as reasonable in the circumstances. The Court indicated that this was the second finding of ungovernability, which was an aggravating factor. The Court did state that a lack of remorse cannot be an aggravating factor resulting in a more severe sanction, but could be a reason for not otherwise extending leniency. In this case the tribunal had not commented on the lack of remorse when dealing with penalty. Rather, it had only indicated that he had failed “to accept responsibility or to be accountable for his actions” when discussing the issue of ungovernability, which was appropriate.
Interpreting Legislation vs Making Legislation
Regulators cannot enact legislation through policy. However, regulators frequently publish policies interpreting or applying their legislation. The line between those two activities is sometimes fine.