Recent Publications & Events

CLE Self-Governing Professions 2017 Conference: On June 2, 2017, Angela Westmacott, Q.C. of Lovett & Westmacott and Lisa C. Fong of Ng Ariss Fong chaired CLEBC’s Self-Governing Professions 2017 Conference.

2017 Professional Regulation Hearing Workshop: On June 1, 2017, Lisa C. Fong and guest lawyers conducted a discipline hearing workshop at the Vancouver Convention Centre.  The workshop had a significant hands-on component for attendees and complemented the CLE`s eclectic lecture-styled course the next day.  The workshop agenda is available here.

Regulation of Health Professionals: The Impact of Recent Developments to Enhance Transparency, Protect the Public and Prevent Sex Abuse: On May 4-5, 2017, Lisa C. Fong was part of a panel speaking on transparency in sexual misconduct cases at the Canadian Bar Association’s National Health Law Summit at Niagara on the Lake, Ontario.

Centre for Feminist Legal Studies at UBC: On January 30, 2017, Lisa C. Fong gave a presentation entitled “Unreliable Women and Upstanding Men: Sexual Misconduct in Professional Discipline Cases”.

PBLI Aboriginal and Environmental Law Program: On January 19 and 20, 2016, Lisa C. Fong presented an overview of recent developments in aboriginal law with a focus on the uneasy marriage between regulatory processes governed by administrative law, and the Crown attempting to meet constitutional duties at the same time. She discussed some of the key cases of 2015 including the Northern Gateway Enbridge Pipeline regulatory review and judicial review, Chartrand v. British Columbia (Forests, Lands and Natural Resource Operations), 2015 BCCA 345, Mikisew Cree First Nation v. Canada (Minister of Aboriginal Affairs and Northern Development), 2014 FC 1244Hupacasath First Nation v. Canada (Minister of Foreign Affairs), 2015 FCA 4, Prophet River First Nation v. Minister of the Environment, 2015 BCSC 1682, Prophet River First Nation v. Canada (Attorney General), 2015 FC 1030, and Lubicon Lake Indian Nation v. Penn West Petroleum Ltd., 2015 ABQB 342.

A Year in Review in Health Law 2015: On November 25, 2015, Lisa C. Fong, Julia Hincks, and Siddarth Akali presented a round-up of health law cases and events in 2015.

CNAR 2015 Conference Vancouver: On November 2,3 and 4, 2015, Lisa C. Fong provided training at the Canadian Network of Agencies of Regulators’ inspection work shop, presented a session on the trend of professional regulatory cases in Canada, and co-hosted a session on streamlining complaint processes.

BC Administrative Law Practice Manual, “Chapter 11: Judicial Review Fundamentals” by Lisa C. Fong and Mark Underhill (Continuing Legal Education Society of British Columbia, updated 2015).  This manual will be available in the CLE online store.

The British Columbia Administrative Law Practice Manual provides a framework for lawyers who practice before and represent administrative law decision-makers in British Columbia, as well as decision-makers themselves and judges. This framework, along with helpful hyperlinks to legislation, case law, and other decisions, creates a unified resource for counsel in administrative law proceedings, judicial review, statutory appeals, and stated cases. The manual covers both federal and provincial decision-makers and proceedings in both federal and British Columbia superior courts. Lawyers will find practical advice on how to conduct themselves at all levels of representation, the roles of various parties, how to avoid common pitfalls, practice tips on effective advocacy and drafting, and dealing with unrepresented parties.

CLE Aboriginal Administrative Law 2015 Conference: On  June 19, 2015, Lisa C. Fong presented on the intersection of self-governing professional regulation and traditional aboriginal healing and medicine. The questions of whether, who, and how should aboriginal healing and medicine be regulated are key issues in improving aboriginal health in Canada. In this presentation, Lisa reviewed the current state of regulation on aboriginal healing and medicine and discussed key issues for regulators and aboriginal communities in developing regulation.

A Year in Review in Health Law 2014: On December 9, 2014, Lisa C. Fong, Julia Hincks and Kate Parisotto discussed key cases from 2014 and previewed important decisions to watch for in 2015 (BC CBA Health Law section, Dec. 9, 2014).

Infonex Professional Regulation and Discipline: On October 21, 2014, Lisa C. Fong and Kate Parisotto presented at the Infonex conference on Developing Disciplinary Sanctions. Their discussion addressed the purposes of penalties, and special issues including the importance of consistency, assessing mitigating and aggravating factors, the pitfalls of developing limits and conditions, and dealing with joint submissions on sanctions.

CLEAR 2014 Conference in New Orleans: On September 11, 2014, Lisa C. Fong and Joelle Berry of the College of Massage Therapists of BC presented at the Council on Licensure, Enforcement & Regulation (CLEAR) conference in New Orleans, USA. Their presentation was Dealing with Sexual Assault Complaints: Investigations and Interim Action.

CLE Self-Governing Professions 2014 Conference: On April 4, 2014, Angela Westmacott, Q.C. of Lovett & Westmacott and Lisa C. Fong of Ng Ariss Fong chaired CLEBC’s Self-Governing Professions 2014 Conference. The topics included fitness to practice, disclosure and privacy, bias and conflicts of interest, adequacy of reasons, recent cases in professional regulation, and appeals and reviews.

CCH Conflicts of Interest Webinar on Professional Duties and Best Practices for In-House Counsel: A discussion of key case law and provincial law societies’ rules on conflicts of interests, as well as special challenges and best practices for in-house counsel, co-presented by Lisa C. Fong and Kate Parisotto of Ng Ariss Fong and Madeleine Ménard of NAV Canada on November 21, 2013.

2013 Professional Regulation Conference (Lovett & Westmacott and Ng Ariss Fong, November 15, 2013) presented by Angela Westmacott and Lisa C. Fong. This full-day conference included in-depth, practical sessions on fitness and good character, dealing with disabilities, investigations and interviews, concurrent criminal matters, and common hearing issues. The conference agenda is available here.

June 12, 2013: Infonex held a conference on Conducting Regulatory Investigations, where Lisa Fong presented on two topics: Dealing with Multi-Party Involvement in Investigations, and Drawing the Line Between Privacy and Confidentiality During Investigations.

A Year in Review in Health Law: A discussion of key cases from 2012 and a preview of important decisions to watch for in 2013 (CBA Health Law section, BC, March 8, 2013), presented by Benjamin Ralston and Julia Hincks.

2013 Professional Regulation Webinar on Human Rights and the Charter (Lovett & Westmacott and Ng Ariss Fong, January 16, 2013) presented by Angela Westmacott, Lisa C. Fong, and Benjamin Ralston. Our blog announcement for this event is available here.

2012 Professional Regulation Webinar on Privacy and Confidentiality (Lovett & Westmacott and Ng Ariss Fong, June 7, 2012) presented by Angela Westmacott, Lisa C. Fong, and Benjamin Ralston. Our blog announcement for this event is available here.

BC Administrative Law Practice Manual, “Chapter 11: Judicial Review Fundamentals” by Lisa C. Fong and Mark Underhill (Continuing Legal Education Society of British Columbia, 2012). Available from the CLE store here.

Keeping the Land: Kitchenuhmaykoosib Inninuwug, Reconciliation and Canadian Law, by Rachel Ariss and John Cutfeet (Fernwood Publishing Co., 2012). Available from Amazon books here.

Documenting how the Kitchenuhmaykoosib Inninuwug’s traditional territory was threatened by mining exploration in 2006, this chronicle reveals how the people followed their customary duty to protect the land, asking the mining exploration company to leave. The company left—and then sued the remote First Nation for $10 billion, and the ensuing legal dispute lasted two years only to result in the jailing of community leaders. This book explores the twists and turns of this legal dispute in order to gain a deeper understanding of the law’s contributions to and detractions from the process of reconciliation.

Ninth Annual Western Canada Aboriginal Law Forum, “Species at Risk Legislation and Aboriginal and Treaty Rights” (inSight, May 28-29, 2012), with a presentation by Lisa C. Fong with Ming Song. The conference agenda is available here.

Lisa Fong and Ming Song co-presented on the topic of the Species At Risk Act alongside representatives of the Government of Canada, Barry Smith, Director of Canadian Wildlife Service, Pacific & Yukon Region, and Dawn Pritchard, Counsel for the Environment Canada Legal Services Unit. Barry Smith and Dawn Pritchard provided an overview of the history and effect of the Species At Risk Act, and Lisa Fong and Ming Song presented on how this Act can support the protection of section 35 aboriginal and treaty rights, the implications the Act has for reserve lands and treaty settlement lands, and how Aboriginal groups can best work effectively with Government, particularly with respect to section 11 conservation agreements under the Act.

Involuntary Civil Detainment Under the Mental Health Act and the Right of Legal Representation (CBA Health Law section, BC, May, 2012), presented by Lisa C. Fong and Mark Underhill (Underhill, Boies Parker).

Leading Health Law Cases of 2011 (CBA Health Law section, BC, February, 2012), presented by Benjamin Ralston and Christian Morey, with Stacey Grubb (Alberta Health Services) and Ryan Moriasiewicz (Miller Thompson). Our blog announcement for this event is available here.

2011 Professional Regulation Conference (Lovett & Westmacott and Ng Ariss Fong, June 7, 2011) presented by Angela Westmacott and Lisa C. Fong. This full-day conference included in-depth, practical sessions on registration and fitness, complaints, inquiries and extraordinary hearings, disciplinary hearings, appeals, and reviews, and a panel of regulators from a cross-section of professions discussing the challenges they have overcome and are currently facing. The conference agenda is available here.

Self-Governing Professions 2011, “Registration Decisions and the Health Professions Review Board” (Continuing Legal Education Society of British Columbia, 2011), by Lisa C. Fong, Michael Ng and Christian Morey.

Fiduciary Duties: Obligations of Loyalty and Faithfulness, by Michael Ng (Canada Law Book, 2003), a one-stop source for a clear and complete understanding of Canadian fiduciary law. Available for order from Thompson Reuters here.