Category Archives: Inquiry and Investigations

2018 regulatory round-up

In 2018, courts addressed the boundaries of professional regulatory bodies to act in the public interest. First, courts examined limits on the powers of regulatory bodies, involving both registrants and non-registrants, relating to fundamental freedoms of religion and speech. Second, courts…

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HPRB reviews: no slicing and dicing of deference

The B.C. Supreme Court recently confirmed that the Health Professions Review Board must afford deference to registrars and inquiry committees, when reviewing for adequacy of investigation, and that more specifically, the Review Board may not apply different degrees of deference,…

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Settlement privilege applies to reviews before the HPRB

When inquiry committees negotiate consent or undertaking agreements to resolve complaint matters consensually (under Health Professions Act ss. 33(6)(c) and 36(1)), they may exchange “without prejudice” letters with registrants to discuss terms. In 2009, the Review Board seemingly eliminated “settlement…

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2018 Fall Compendium

The fall was way too busy for us to keep up with our blog, so here is a fall compendium to make up for it. 1. An investigation committee may issue “letters of guidance” (Manitoba): The investigation committee of a…

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#MeToo

We recently attended CNAR 2018 which included a session on the implications of the #MeToo  movement for professional regulators. The room was packed with attendees with some people having to stand.  The session began with the presenters asking how many…

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