Self-Governing Professions 2014

Course Date: April 4, 2014

Welcome and Introduction

Lisa C. Fong — Ng Ariss Fong, Vancouver
Angela R. Westmacott, QC — Lovett Westmacott, Victoria

Admission to Practice

  • assessing fitness, including capacity
  • establishing or challenging character
  • current issues of interest

Jean P. Whittow, QC — Barrister & Solicitor, Vancouver
Henry C. Wood, QC — Beach Avenue Barristers, Vancouver

Confidentiality and Disclosure in Investigation and Discipline

  • disclosure to members, complainants, and the public
  • procedural fairness and privacy concerns
  • application of “open courts” principle and “deliberative secrecy” doctrine to professional regulatory bodies
  • privacy, confidentiality, and disclosure under Freedom of Information and Protection of Privacy Act
  • impact of external review process: disclosure requirements and non-disclosure applications before Health Professions Review Board

Jason Herbert — Davis LLP, Vancouver
Tamara Hunter — Davis LLP, Vancouver

Networking Break

Bias and Conflicts of Interest

  • the difference between the concepts of conflict of interest and bias
  • the tests that apply to each concept
  • the effect of the “bright line rule” on regulators
  • key problem spots for professional regulatory processes

Angela R. Westmacott, QC — Lovett Westmacott, Victoria
Lara C.H. Zee — Harper Grey LLP, Vancouver

Networking Lunch With Speaker: "Recent Trends in Professional Regulation"

  • meta regulation and its advancement in Canada
  • focus on quality assurance
  • foreign professionals, substantial equivalence, and entry requirements
  • emerging areas of professional regulation litigation

James T. Casey, QC — Field LLP, Edmonton

Pre-Hearing Suspensions and Other Extraordinary Remedies

  • scope of duty of fairness: does it apply to an interim decision?
  • is a hearing required (or advisable)?
  • how should the decision maker consider the information/evidence upon which the decision is based? what standard should be applied?
  • can the imposition of an extraordinary remedy impact an ongoing investigation or final hearing?

Eric Wredenhagen — Barrister & Solicitor, Vancouver

Adequacy of Reasons

  • preparation and support for the “lay” panel
  • relationship between counsel and the panel prior to and during the hearing
  • role of independent legal counsel in decision-writing
  • elements of a sound decision and the requirement for robust hearing reasons

Nitya Iyer — Lovett Westmacott, Vancouver

Networking Break

Year 2013 in Review: Key Professional Regulation Issues and Cases

  • rise of good character cases
  • assessing credibility (or not) at different stages of the complaints and discipline process
  • Health Professions Review Board developments in the treatment of inquiry matters
  • disciplining for conduct unbecoming
  • disciplining for incivility
  • continuing trend for robust hearing reasons

Natasha Dookie — Barrister & Solicitor; Deputy Registrar, College of Registered Nurses, Vancouver
Lisa C. Fong — Ng Ariss Fong, Vancouver

Keeping an Eye Out for Appeal or Review

  • ensuring hearings comply with statutory and common law requirements
  • common grounds for appeal and review
  • assembling the record

The Honourable Mr. Justice Harvey M. Groberman — British Columbia Court of Appeal, Vancouver

Concluding Remarks

Lisa C. Fong — Ng Ariss Fong, Vancouver
Angela R. Westmacott, QC — Lovett Westmacott, Victoria

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