Professional Conduct Blog

Criminal law ban against physician-assisted suicide

The SCC has found the Criminal Code provision prohibiting physician-assisted suicide unconstitutional, due to its violating the s.7 Charter rights of competent adult persons with grievous and irremediable medical conditions causing them enduring and intolerable suffering: Carter v. Canada (Attorney…

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HPRB deference on adequacy of investigations

At the start of 2014, we blogged here about a decision of the B.C. Supreme Court that B.C.’s Health Professions Review Board (the “HPRB”) must, when reviewing the adequacy of an investigation, grant deference to a registrar who conducts an…

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Professional regulatory bodies and malicious prosecution

Claims of malicious prosecution seem inevitable for professional regulatory bodies, despite the difficulties that such claims present for claimants. A claimant must not only defeat the case for misconduct during a discipline proceeding, but also show both an absence of…

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Professional regulatory documents and their use in civil actions

Professional regulatory statutes often contain confidentiality provisions that make records or other documents used by regulators during investigation and disciplinary processes, e.g., documents relating to complainants or other patients, non-compellable during civil proceedings. For example, section 53 of BC’s Health…

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