CLE Online

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