Professional Regulatory Overview Experience People News + Views + Events Publications + Roundtables Workshops Webinar Recordings Client Stories Field Law serves as a trusted advisor to regulatory colleges and organizations across numerous sectors – health care, policing, legal, financial, engineering, geoscience plus many more – and provides strategic guidance on matters such as governance, legislative reform, registration, continuing competence, discipline, unauthorized practice and privacy.
With one of the largest and most experienced professional regulatory groups in Western Canada, our lawyers appear before a variety of tribunals to prosecute allegations of unprofessional conduct, resolve registration issues and act as independent legal counsel to tribunals. We also have substantial experience at all levels of Court in applications for judicial review and appeals relating to the regulation of professions, and in defending lawsuits brought against regulatory organizations. Members of the group are authors of two books on professional regulation (The Annotated Health Professions Act and The Regulation of Professions in Canada) and numerous guides and handbooks for regulators.
At Field Law, we acknowledge that our clients are sophisticated professionals who are proficient in resolving many legal issues internally but provide them with support when complex situations arise involving significant legal risk that require a rapid response and our group’s breadth of experience and industry knowledge. In these instances, we collaborate with our clients and deploy the right team to develop a timely, innovative solution that achieves the best outcome possible under the circumstances.
We take a proactive approach that empowers clients to make practical, effective decisions and take preventative measures to avoid conflict, including in-house training on industry trends and regular updates on matters of interest to professional regulators. We also help clients build an interactive community with their colleagues by hosting round table discussions and a variety of social events designed to facilitate strong relationships among community members.
Read past articles from our quarterly Perspectives for the Professions and join our professional regulatory email list today to receive alerts, articles, invitations to events and more!
The lawyers of Field Law’s Professional Regulatory group have represented professional regulators or their regulatory tribunals in hundreds of discipline and registration cases. Our Professional Regulatory lawyers focus on “preventative lawyering” to assist regulators to carry out their mandates while avoiding appeals, applications for judicial review and other litigation wherever possible. Sometimes administrative or civil litigation is unavoidable. Our Professional Regulatory team is experienced and can respond with strategic advice and representation.
Lawyers in our Professional Regulatory Group have acted as legal counsel in many Court cases of significance to professional regulators:
- Defended appeal from decision upholding findings of unprofessional conduct and sanctions imposed for breaching advertising rules, failure to cooperate with the regulator and other misconduct during the regulator’s investigation: Zuk v. Alberta Dental Association and College, 2018 ABCA 270
- Successfully argued that complainant had no standing to bring judicial review of an internal complaint resolution: Campeau v. Knecht, 2018 ABQB 504
- Successfully defended appeal from decision rejecting allegations of bias and abuse of process and directing discipline hearing to proceed: M.K. Engineering Inc. v. Association of Professional Engineers, Geologists and Geophysicists, 2017 ABCA 17
- Successfully appealed a Queen’s Bench decision respecting the proper process to assess claims of legal privilege in regulatory investigations: Alberta v. Suncor Energy Inc., 2017 ABCA 221
- Succeeded in upholding the majority of sanctions ordered by the discipline tribunal: Fitzpatrick v. College of Physical Therapists of Alberta, 2015 ABCA 95
- Successfully applied to dismiss lawsuit alleging bias, bad faith and abuse of process in regulator’s professional discipline process and obtained award of enhanced legal costs: M.K. Engineering Inc. v. Plecash et al., 2014 ABQB 483, aff’d 2015 ABCA 311
- Consideration of the legal test to refer complaints to a discipline hearing: Land v. Law Enforcement Review Board, 2013 ABCA 435
- Successful challenge to appeal tribunal decision to overturn serious discipline at hearing on basis of standard of review: Camrose (Chief of Police) v. MacDonald, 2013 ABCA 422
- Successfully defended against application for judicial review of University discipline decision based on finding of sexual assault: L. (S.D.) v. University of Alberta, 2012 ABQB 244, affirmed 2013 ABCA 327
- Communications between administrative tribunals and their independent legal counsel are subject to solicitor-client privilege and the privilege may not be defeated without evidence of impropriety: Lana v. University of Alberta, 2012 ABQB 97
- Consideration of a tribunal’s jurisdiction to determine Charter issues in a discipline hearing: Wasylyshen v. Edmonton Police Service, 2012 ABQB 406
- Consideration of charges involving a pattern of misconduct: Fitzpatrick v. College of Physical Therapists of Alberta, 2012 ABCA 207
- Successful appeal respecting the proper categorization of public complaints and the subsequent internal avenues of appeal: Edmonton (Police Service) v. Alberta (Law Enforcement Review Board), 2011 ABCA 288
- Successfully argued that the discipline tribunal’s finding that the member had engaged in boundary violations was reasonable: College of Physical Therapists of Alberta v. J.H., 2010 ABCA 303
- Consideration of the process that must be used to consider allegations of misconduct: Broers v. Real Estate Council of Alberta 2010 ABQB 497
- Consideration of the jurisdiction of an internal appeal body to refer charges back to a discipline hearing: Mitzel v. Alberta (Law Enforcement Review Board), 2010 ABCA 336
- Jurisdiction of the Ombudsman concerning the Human Rights Commission: Alberta (Ombudsman) v. Alberta (Human Rights and Citizenship Commission) 2008 ABQB 168
- A professional’s freedom of expression under the Charter is not breached as a result of being prohibited from running as a candidate in a local election: Baier v. Alberta 2007 SCC 31
October 2024 - 5 min read Navigating Charter Values in Unchartered Waters Perspectives for the Professions Newsletter
The Supreme Court of Canada’s decision in York Region District School Board v Elementary Teachers Federation of Ontario highlights the need for regulators to consider both Charter rights and values in disciplinary proceedings. Ev... September 24, 2024 Navigating Discipline Decision Appeals Workshop Appeals of discipline decisions arising from a Hearing Tribunal are a complex and nuanced process to navigate as counsel, participants, staff members or decision makers.Join Gregory Sim and Vita Wensel from Field Law’s Profess... September 10, 2024 Discipline Tribunal Essentials: Advanced Skills Workshop Members of regulated professions who serve on discipline tribunals must navigate an increasingly complex environment when fulfilling their role under their governing statutes.Join Jason Kully and Francesca Ghossein from Field Law’s Prof... August 2024 The Best Lawyers™ in Canada 2025 Field Law is pleased to announce that 50 of our lawyers are recognized in their respective practice areas in the 19th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ... July 2024 - 6 min read First Court Decision Interpreting New Streamlined Trial Rules in Alberta
In January of 2024, the Alberta Rules of Court were amended to repeal the summary trial process and replace it with “streamlined trial” rules. Field Law's Frank Molnar, KC successfully represented an employer ... June 13, 2024 Reviews of Registration + Practice Permit Decisions Under the Health Professions Act Virtual Workshop The majority of the work done by Council members consists of governance with respect to the College’s regulatory functions and operations. Council members also have important adjudicative functions, and are also responsible for conducting re... June 5, 2024 Discipline Tribunal Essentials: Fundamental Skills Virtual Workshop Members of regulated professions who serve on discipline tribunals must navigate an increasingly complex environment when fulfilling their role under their governing statutes. Join Gregory Sim, Kimberly Precht and Vivian Stevenson, KC&nb... May 29, 2024 Whose Lane Is It Anyway? Roundtable Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our spring roundtable.Professional regulatory bodies, whether small or large, are complex organizations with mandates to govern professions in the publ... February 28, 2024 Let's Talk About the Charter Roundtable Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our first roundtable of the year.This session will focus on the intersection of the Canadian Charter of Rights and Freedoms and professional ... January 31, 2024 Important Professional Regulatory Cases of 2023 Webinar Learn about the most important professional regulatory court cases of 2023. What are the key legal trends? What are the strategic and operational implications for regulators?Presented by Katrina Haymond, KC, Gregory Sim and James Casey, this ... January 2024 Field Law Welcomes New Partners Field Law is delighted to announce the addition of three new partners to the firm effective January 1, 2024.Kristin Yarish, based in Calgary, and Kim Precht, situated in Edmonton, have been promoted to the position of partners, marking a significant mi... December 6, 2023 Addressing Sexual Misconduct Allegations in Professional Regulation Roundtable Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our winter roundtable.
At this roundtable, we will discuss challenges and strategies to navigate sexual misconduct allegations. Topics covered... November 2023 - 6 min read What Can Right Touch Regulation Mean to You? Perspectives for the Professions
Right touch regulation is a strategy for regulatory organizations seeking to adapt and evolve in a rapidly changing landscape. This approach should be applied after first considering the balance of personal freedoms with public safet... November 2023 - 2 min read Recent Commentary on the Health Professions Act Perspectives for the Professions Recently, the Public Health Emergencies Governance Review Panel report was released. The report focuses on how the provincial government responded to COVID-19, reflects on current legislation and makes recommendations, with the goal of enhancing future... September 14, 2023 Right-Touch Regulation: What Does It Mean + How Can Professional Regulatory Organizations Apply It? Roundtable Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our fall roundtable.
The concept of “right-touch regulation” was developed in 2010, and remains relevant today in establishing the... August 2023 The Best Lawyers™ in Canada 2024 42 Lawyers Recognized Field Law is pleased to announce that 42 of our lawyers are recognized in their respective practice areas in the 18th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ... August 2023 - 11 min read Navigating Freedom of Speech + Professional Regulation: The Jordan Peterson Case
The Jordan Peterson case serves as a significant reminder for professional regulatory organizations to delicately balance the constitutional right to freedom of speech with the imperative to uphold professional standards. This case emp... May 4, 2023 Current Issues in Registration Roundtable Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for our spring roundtable.
At this roundtable, we will discuss strategies to manage the registration processes, mitigate risks, and maintain ... April 2023 - 4 min read Labour Mobility Proclaimed Perspectives for the Professions Field Law covered Alberta’s new Labour Mobility Act when it was first introduced in the legislature in October 2021. The Labour Mobility Act and the new Labour Mobility Regulation were proclaimed into force... April 2023 - 5 min read Interim Orders: A Difficult Decision Perspectives for the Professions Legislation for many regulatory processes provides that interim orders, including an interim suspension, may be imposed before the conclusion of the investigation and adjudicative process. An interim order may be essential to protect the public while t... April 11, 2023 Costs Orders in Professional Regulation: Navigating the Latest Developments Webinar On March 30, 2023, the Supreme Court of Canada denied application for leave to appeal of two decisions of the Alberta Court of Appeal where the Court addressed a regulator’s authority to order costs: Tan v. Alberta Veterinary Medical Associa... April 2023 - 3 min read Suspension + Publication Order Constitute Irreparable Reputational Harm Perspectives for the Professions In Tan v Alberta Veterinary Medical Association, the Court of Appeal agreed to stay some of the sanctions imposed by a Hearing Tribunal against a veterinarian until after the appeal on the merits was heard by the Court of Appeal. The Court fo... March 2023 The Law of Regulatory Investigations in Canada Field Law’s Professional Regulatory Group is pleased to announce the publication of a new book, “The Law of Regulatory Investigations in Canada” by James Casey, KC, Jason Kully, and Michelle Casey. Most administrat... February 7, 2023 Important Professional Regulatory Cases of 2022 Learn about the most important professional regulatory court cases of 2022. What are the key legal trends? What are the strategic and operational implications for regulators?Presented by James Casey, KC and Katrina Haymond, KC, this popular annual... December 2022 - 3 min read Determining Quorum + Retaining Jurisdiction in Disciplinary Proceedings Perspectives for the Professions In Jhanji v The Law Society of Manitoba, the Manitoba Court of Appeal discussed quorum for professional discipline tribunals – or how many tribunal members are required for the tribunal to hold a hearing - when quorum has not been other... December 13, 2022 Investigation Tales: Strategies + Tips for Challenging Investigations Roundtable Join Field Law’s Professional Regulatory Group and your professional regulatory colleagues for a special holiday roundtable.
At this roundtable, our seasoned guest panelists with discuss anticipating and responding to challenging issues ... November 2022 - 5 min read Regulatory Reform in Alberta: A Status Update Perspectives for the Professions The implementation of the Health Professions Act ("the HPA") on December 31, 2001 introduced major regulatory reform to Alberta, and for the next 17 years there was an extended period of legislative stability. Then, in 2018, the &qu... October 2022 -1 min read Alberta Legislative Session Prorogued: Bill 23 Will Die on Order Paper Professional regulators in Alberta watching Bill 23, the Professional Governance Act should take note that on October 26, the Lieutenant Governor in Council ordered a Proclamation to “prorogue” the current legislati... October 2022 - 5 min read Alberta’s Top Court Re-Writes Rules for Costs Orders in Professional Discipline The Alberta Court of Appeal has significantly changed the approach to costs order in professional discipline cases. In Jinnah v Alberta Dental Association and College, 2022 ABCA 336, the Court set aside an order for a dentist to pay $37,500 in investig... August 2022 - 7 min read Delay in Professional Discipline Proceedings The Supreme Court of Canada just released a decision of critical importance to professional regulators addressing when delay in administrative proceedings constitutes an abuse of process justifying a stay of proceedings: Law Society of Saskatchewa... June 14, 2022 Call the Expert! What Regulators Need to Know About Retaining + Instructing Expert Witnesses Roundtable Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for our first lunch time roundtable in a couple of years! This roundtable is designed to help complaints directors and other regulatory professionals better un... May 27, 2022 Getting Ready for Bill 23: Alberta’s Professional Governance Act Workshop Bill 23 was introduced by the Alberta Government on May 2, 2022. As we previously reported, the Bill will bring major changes for 22 professional regulatory organizations in Alberta.Join James Casey, KC, Katrina Haymond, Gregory Sim... May 2022 - 10 min read Bill 23: A Major Overhaul for Professional Regulatory Legislation in Alberta On May 2, 2022, the Alberta Government introduced Bill 23, the Professional Governance Act. Bill 23 represents a major overhaul for professional regulatory legislation in Alberta. The Bill would repeal the governing statutes for 22 professions and... April 28, 2022 Assessing + Preventing Unconscious Bias in Professional Regulation Workshop The concept of unconscious or implicit bias has become prominent in recent years. Professional regulatory organizations are attempting to understand how unconscious bias can impact decisions and what can be done to mitigate the risks of the impact of u... April 2022 - 3 min read Alberta's New Umbrella Legislation: Streamlining the Regulation of Non-Health Professions Perspectives for the Professions The Government of Alberta recently announced a timeline for its "Streamlining Professional Legislation" project, which will introduce new umbrella legislation for the regulation of 22 non-health professions in Alberta. The Government is expec... April 2022 - 2 min read Prematurity: Challenges to the Hearing Tribunal’s Jurisdiction Perspectives for the Professions In Goodwin v Alberta College and Association of Chiropractors, 2022 ABQB 177, the Court of Queen's Bench provided a clear statement on prematurity and the timing of judicial reviews from administrative bodies. In this case, the regulated membe... March 2022 - 2 min read Bill 10: Prohibiting the Practice of Female Genital Mutilation On March 24, 2022, the Government of Alberta introduced Bill 10, the Health Professions (Protecting Women and Girls) Amendment Act, 2022. Bill 10 amends the Health Professions Act to address female genital mutilation. The Bill... February 1, 2022 Important Professional Regulatory Cases of 2021
Webinar Learn about the most important professional regulatory court cases of 2021. What are the key legal trends? What are the strategic and operational implications for regulators?
Presented by James Casey, KC and Katrina Haymond, this popular annual webi... November 22, 2021 Coffee + Counsel: COVID-19 + Professional Regulatory Organizations - A Potpourri of Legal Issues Q+A Session Join us for Coffee + Counsel, a complimentary webinar series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to professional regulatory organizations across Canada. Your questions guide the discuss... November 2021 - 3 min read Halting Vexatious Litigants in Their Tracks Perspectives for the Professions
Many regulators have to deal with vexatious litigants. Some complainants or registrants commence baseless legal proceedings against the regulator if they disagree with its decisions. Responding to these proceedings is time-intensive and expensive, es... November 2021 - 4 min read Careful Not to Colour Outside the Lines: Court Limits Ability to Add Allegations During a Hearing Perspectives for the Professions In Alsaadi v. Alberta College of Pharmacy, 2021 ABCA 313, a majority of the Alberta Court of Appeal adopted a very narrow interpretation of language common to professional regulatory statutes. The case involved a pharmacist, Alsaadi, fou... October 2021 - 9 min read Bill 49 - The Labour Mobility Act: Implications for Regulations On October 26, 2021 the Government introduced Bill 49, the Labour Mobility Act (the “LMA”), and proceeded to give the new Bill first reading. Given that the Fair Registration Practices Act (the “FRPA”) was introduced by the Gove... June 2021 - 5 min read SCC to Revisit the Issue of Delay in Administrative Proceedings Perspectives for the Professions
“Justice delayed is not always justice denied.” (Abrametz at para 171)
For over twenty years, the Supreme Court of Canada’s decision in Blencoe v British Columbia (Human Rights Commission), 2000 SCC 44, has been the lea... June 2021 - 3 min read What's in a Name? Restricted Titles Revisited Perspectives for the Professions In College of Midwives of British Columbia v. MaryMoon, 2020 BCCA 224, the British Columbia Court of Appeal (“BCCA”) considered whether restricted title provisions found in the British Columbia Health Professions Act (the &ld... April 2021 - 10 min read How to Maintain Control Over Difficult Regulatory Hearings Perspectives for the Professions Serving on a professional regulatory tribunal is one of the highest forms of service to your profession. It is also a big responsibility. As regulatory hearings become more complicated, tribunal members may find themselves involved in longer and more d... April 2021 - 3 min read The Duty to Cooperate: Who Makes the Rules? Perspectives for the Professions In Independent Investigations Office of British Columbia v. Vancouver (City) Police Department, 2020 BCCA 4, the British Columbia Court of Appeal made a strong statement about the duty to cooperate and offered a reminder of who makes the rules whe... February 2, 2021 Important Professional Regulatory Cases of 2020 Webinar Learn about the most important professional regulatory court cases of 2020. What are the key legal trends? What are the strategic and operational implications for regulators?Presented by James Casey, KC and Leanne Monsma, this popular annual webinar in... January 2021 Field Law Announces Five New Partners The Firm welcomes Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky to its partnership.Field Law is pleased to welcome Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky as partners of the Firm. ... December 2020 - 5 min read Alberta Government Announces New Funding Rules for Sexual Abuse and Misconduct Counselling Perspectives for the Professions When the last of the Bill 21 amendments to the Health Professions Act came into force on April 1, 2019, each health regulatory College was required to establish a patient relations program. These programs assist patients who have suffered sexual abuse ... November 23, 2020 Understanding + Implementing Bill 46: A Guide for Colleges Webinar Bill 46 represents the most extensive set of amendments to the Health Professions Act (“HPA”) since the legislation came into effect nearly 20 years ago. Bill 46 also represents the fourth major reform to the regulation of he... November 2020 Bill 46: Regulatory Reform Comes to Alberta (Part IV) The proclamation of the Health Professions Act in 2001 was the culmination of 7 years of policy analysis as well as broad-based repeated consultation with the public, other stakeholders, and regulatory colleges. This lengthy and careful process of regu... November 2020 Alberta's Health Information Act: What is Changing? Bill 46: Health Statutes Amendment Act, 2020 (Bill 46) was recently introduced in the Alberta Legislature. The omnibus bill amends a number of pieces of health legislation, including the Health Information Act (HIA). As the Minister of Health... October 2020 - 8 min read Regulating the Use of Social Media by Professionals The use of social media is widespread in today's world. It is used by nurses, doctors, lawyers, engineers, and other professionals to communicate with friends and others in both their professional and private lives. Social media use by professional... July 30, 2020 Regulatory Reform Comes to Alberta Webinar Join Field Law’s professional regulatory lawyers and your colleagues from other health regulators for a free webinar on July 30 from 4:00 PM - 5:30 PM.Alberta Health’s discussion paper “Proposals to Amend the Health Professions A... July 2020 - 1 min read Bill 30: Increased Public Participation in Professional Regulation On Monday, July 6, 2020, the Government of Alberta tabled Bill 30, the Health Statutes Amendment Act, 2020. This proposed legislation amends a number of existing Acts, including the Alberta Health Professions Act. The Health Professions Act e... June 2020 - 4 min read Bill 21: An Act to Protect Patients from Past Conduct of Health Care Professionals Perspectives for the Professions On April 1, 2019, portions of Bill 21: An Act to Protect Patients came into force in Alberta and amended the treatment of sexually based regulatory offences by colleges and regulators under the Health Professions Act, RSA 2000, c H-7 (the “HPA&rd... June 2020 - 3 min read Disruptive Behaviour is a No-No! Perspectives for the Professions The Alberta Court of Appeal confirms the broad nature of professional misconduct and that deference must be given to tribunals assessing a member’s conduct.
The Alberta Court of Appeal’s decision in Al-Ghamdi v. College of Physicians and... May 7, 2020 Professional Regulatory: Roundtable What do you want to know? Version 2.0 Professional regulators continue to adapt to the COVID-19 pandemic while their public interest mandates carry-on.
Field Law’s Professional Regulatory group will host a virtual lunch time roundtable discussion focusing on a few of ... March 2020 COVID-19 + The Duty to Report Perspectives for the Professions On March 17, 2020, Alberta declared a state of public health emergency “due to pandemic COVID-19 and the significant likelihood of pandemic influenza”.While in the normal course, a patient’s right to privacy is paramount, in the face ... February 6, 2020 Year in Review: Important Professional Regulatory Cases of 2019
Webinar Learn about the most important professional regulatory court cases of 2019. What are the key legal trends? What are the strategic and operational implications for regulators? This webinar will be presented by James Casey, QC and Leanne Monsma of Field ... January 2020 The Annotated Health Professions Act Published by Thomson Reuters Written by James Casey, KC, Katrina Haymond, KC, Greg Sim and Jason Kully, The Annotated Health Professions Act is written for both lawyers and members of professional regulatory associations and provides an overview of Alberta’s H... December 13, 2019 The Winds of Change in Professional Regulation are Approaching Gale Force On November 27, 2019, the British Columbia Ministry of Health Steering Committee on Modernization of Health Professional Regulation released a report titled “Modernizing the provincial health profession regulatory framework”. The report ann... December 11, 2019 Human Rights + Professional Regulation: What Every Organization Needs to Know Webinar Human rights principles can be at play in many issues faced by professional regulatory bodies. A sound knowledge and understanding of human rights concepts can ensure that regulators are carrying out their functions in a manner that respects and i... October 10, 2019 Registration Issues in Professional Regulation
Webinar Professional regulatory organizations are responsible for assessing applications for professional licensing and applying registration requirements in a fair and transparent way. This task is made increasingly difficult by the evolving regulatory and le... September 16, 2019 Fair Registration Practices Act: Implications for Professional Regulatory Organizations
Seminar + Webinar As we previously reported, on June 19, 2019, the United Conservative Party introduced Bill 11 - Fair Registration Practices Act in the Alberta Legislature. Bill 11 received Royal Assent on June 28, 2019, and will come into force on proclamation.Jo... June 2019 Bill 11 – Fair Registration Practices Act Alert As noted in our previous alert, the United Conservative Party’s election platform included a promise to pass a Fair Access to Regulated Professions and Compulsory Trades Act, modelled on similar legislation adopted by the Province of Ontario in 2... March 19, 2019 Tips + Traps for Hearing Tribunal Members Webinar Fair and effective professional discipline hearings are essential to the professional discipline process. They are the core of the “peer review” process and a crucial element of professional discipline. Members of the profession and the pub... March 2019 Good Character: An Important Regulatory Tool Even in an Age of Labour Mobility Perspectives for the Professions Regulators have traditionally used a test of “good character and reputation” to assess applicants. However, the question remained – to what extent can regulators apply the test of “good character and reputation” for applic... January 2019 Year in Review: Important Professional Regulatory Cases of 2018
Webinar Learn about the most important professional regulatory Court cases of the past year. What are the key legal trends? What are the strategic and operational implications for regulators? Presented by James Casey, KC and Kim Precht... November 2018 Dealing with Unrepresented Members
Webinar Whether it be due to cost or personal choice, regulated professionals facing disciplinary proceedings often elect to represent themselves. This can present unique challenges for regulators and administrative tribunals in ensuring a fair process.
&nb... November 2018 Bill 21 Update: An Act to Protect Patients Now Partially in Force Professional Regulatory Alert In our November 5, 2018 Professional Regulatory Alert we provided a brief summary of Bill 21, “An Act to Protect Patients” and addressed some of the implementation steps required of Colleges. By way of update, on November 19, 2018 the Bill ... November 2018 Bill 21 – An Act to Protect Patients Professional Regulatory Alert In June of 2018, Alberta Health issued a Discussion Document indicating that the Government was considering amendments to the Health Professions Act (HPA) to better protect patients from sexual abuse by health professionals. The Discussion Do... October 2018 Freedom of Speech + Professional Discipline: Striking the Balance Perspectives for the Professions In the age of social media, individuals have more opportunities than ever to express themselves and their views in the public sphere. Sometimes the views expressed by regulated professionals could cross the line into unprofessional conduct. Professiona... May 2018 Don't Forget the Sanctions...
Professional Regulatory Webinar You’ve heard all the evidence and the charges are proven. For the professional whose career is on the line, nothing could be more important than what comes next...
Presented by James Casey, KC and Gregory Sim of the Field L... Field Law’s Professional Regulatory group is committed to ensuring regulators are aware of recent legal developments and that staff of regulatory organizations have opportunities to develop their knowledge and experience. Our lawyers publish our “Perspectives for the Professions” newsletter on a regular basis. We also publish “Professional Regulatory Alerts” about recent cases of interest to professional regulators and we host “Professional Regulatory Roundtables” for members of the professional regulatory community to meet for lunch and discuss challenging issues in professional regulation. Please visit the News + Views + Events tab to access any of our past publications. *Publications may be reproduced only with permission. Subscribe to Field Law's Professional Regulatory email list Professional regulatory organizations are committed to the ongoing professional development of their members. Equally, professional regulatory organizations should be committed to the ongoing professional development of their regulatory committees and administrators. The reasons are self-evident: regulatory functions are challenging; the stakes are high for the member; and the public interest is fully engaged. Volunteers serving on regulatory committees are experts in their own profession but are usually not experts in regulatory functions. Training helps our volunteers and staff become high-performers in their roles while at the same time minimizing legal risks. As part of our commitment to “preventative lawyering”, our Professional Regulatory Group provides a broad range of formal training and workshops for regulatory committees and administrators. “Preventative lawyering” means helping clients take proactive steps to prevent legal problems from arising rather than only addressing the legal issues after a problem has occurred. Regular training is cost effective and in the public interest helping regulatory committees make better decisions and greatly reduce the risk of successful legal challenges. Preventing just one legal challenge from arising will pay for many years of training. Training for regulators is most effective when it is offered on a regular, annual basis with adjustment to the training program each year depending on need. The composition of regulatory committees frequently changes. New members need orientation and experienced members require reinforcement of their knowledge and skills. Regulators which offer training on an irregular basis will fail to reap the full benefits of a formal training program. Our Professional Groups customize our workshop depending on the needs of the individual organization. Workshops that we currently offer are as follows:
Unconscious Bias:
- "Unconscious Bias": This workshop addresses how the concept of unconscious bias has become prominent over recent years as organizations strive to develop practices focused on diversity and inclusion. Unconscious biases are social stereotypes about certain groups of people that individuals form outside their own conscious awareness. Everyone holds unconscious beliefs about various social and identity groups, and these biases stem from one’s tendency to organize social worlds by categorizing. In this half day interactive workshop, participants will learn what constitutes unconscious bias, how it affects the way we behave and our decisions, the science behind unconscious bias, and the potential impact of unconscious bias on organizations and individuals in the professional regulatory context. We will also provide tips on how to identify and address unconscious bias.
Registration
- “Making Appropriate Registration Decisions”: This half day workshop addresses how to interpret governing legislation regarding eligibility to enter practice; how to assess “good character”, and how to reduce the risk of human rights challenges in the registration context. The workshop also provides tips on how to prepare written reasons in the registration context. This workshop is appropriate for members of registration committees or staff working in the registration area.
Privacy
- “Privacy: Understanding Privacy Legislation in the Context of Professional Regulation”: In this half day interactive workshop designed for staff members and volunteers from regulatory organizations situated in Alberta, we will outline the legislation that applies, the key principles and rules established in privacy legislation relating to collection, use and disclosure of personal information. We will also discuss the requirement to maintain the security of personal information, and when the obligation to report a privacy breach is triggered. We will then utilize a number of scenarios, designed to give staff an understanding of how to apply the principles established in privacy legislation in their work. This workshop is designed to increase awareness about privacy legislation and the principles that should be applied in the professional regulatory context.
Investigations
- “Conducting Effective Professional Discipline Investigations”: This full day workshop is designed for investigators and those who supervise the investigatory process.
Complaint Dismissals
- “Reviewing the Dismissal of Complaints”: This half day workshop is designed for members of Committees which have the obligation to review dismissal of complaints. What is your role? What is the standard of review? What are the major areas of focus? How do you prepare effective reasons for your decision?
Discipline Hearings
- “Orientation of Public Members”: This half day workshop is designed to familiarize new public members with their role and responsibilities as the “public member.” Participants are provided with an overview of the discipline and hearing process. Tips on meeting the challenges are presented including tips on how non-professionally trained public members can effectively judge the conduct of professionals in a technical context.
- “The Top 10 Tips and Traps for the Conduct of Discipline Committee Members During Hearings”: A two hour presentation providing practical guidance to discipline committee members on how they should and should not conduct themselves during a hearing. What type of conduct engenders confidence in the process and what creates legal and institutional risk. The “traps” identified are all taken from case law in which tribunal member conduct resulted in a judicial review or an appeal.
- “Running a Professional Discipline Hearing and Preparing Effective Decisions”: A full day workshop designed for members of discipline committees. This workshop can be custom-tailored to the appropriate degree of complexity but the workshop is generally presented at an introductory level and is useful for new discipline committee members, those without significant hearing experience, and experienced members wanting a refresher.
- “Assessing Credibility: More Art than Science”: Assessing credibility is one of the most difficult of all the adjudicative arts. This half-day, interactive, small group workshop is designed to teach discipline committee members how to make credibility assessments. Members of Field Law’s Professional Regulatory Group present the credibility factors that must be considered in every case. What factors are considered reliable indicators of credibility and what factors are unreliable? In addition, we present a structured methodology for discipline committee members to use in caucus while assessing credibility. Tips and pitfalls with respect to addressing credibility in written decisions are addressed. The pitfalls are identified from the case law where credibility findings by tribunals were challenged in Court. After the initial presentations, participants are shown a videotaped mock discipline hearing professionally developed by our Professional Regulatory Group. The video is based on some of the most challenging credibility issues we have faced in real-life hearings. After each examination and cross-examination the video is stopped and Field Law lawyers facilitate discussion with the participants identifying what factors are important in the particular examination. The video proceeds with more group discussion after each witness. Closing arguments are made. The participants are broken into small groups to act as a discipline committee making credibility findings and preparing reasons for their decisions. A spokesperson for each “committee” reads their reasons. Field Law lawyers critique providing supportive coaching. By the end of the workshop, attendees will be able to identify the credibility factors to be considered; practiced the assessment of credibility through use of the video and role plays; applied the structured methodology of assessing credibility while in caucus; and practiced writing the part of a decision dealing with credibility assessment.
- “Professional Discipline Sanctions”: This half day workshop is designed for members of discipline committees. We address the purpose of disciplinary sanctions, the role of case law, the range of options available, and pitfalls to avoid.
- “Developing Advanced Skills in Running Discipline Hearings”: This full day small-group workshop is designed for experienced adjudicators seeking to enhance their skills or develop the skills necessary to be a Chair. The workshops consist of a series of role plays with attendees serving as members of a discipline committee. The hearing scenarios unfold with members of Field Law’s Professional Regulatory Group playing the roles of prosecuting counsel, defence counsel, and witness. Each scenario represents real-life difficult challenges faced by chairs and discipline committees. At the end of each scenario, we review how the discipline committee handled the situation. What went well? What did not? While we critique how the scenario was handled, the goal is to provide supportive coaching to improve performance. All attendees will have the opportunity to sit on one or more of the committees addressing a scenario.
- “Conducting Effective Caucus Sessions and Preparing Effective Reasons”: A workshop designed for members of discipline committees that can be completed in a half day or extended depending on preference. The workshop is useful for all committee members but it is especially useful for committee members who have the responsibility of leading caucus meetings or preparing a first draft of the decision. A useful template for decisions is presented.
Appeals
- “Hearing Discipline and Registration Appeals”: A half day workshop designed for Council or committees serving in an appellate role. Topics include standard of review, the conduct of appeals, new evidence, and preparing effective reasons.
Governance and Strategy
- “Trends in Professional Regulation: Identifying and Formulating Effective Responses”: This workshop is designed for Council members and senior regulatory staff. The workshop explores major trends affecting professional regulators across Canada. The Field Law presenter facilitates discussion helping attendees identify effective responses for their organization.
We typically offer our workshops on a “fixed fee” basis so that our clients have complete cost certainty with respect to the training initiative. The precise cost will depend on the nature of the workshop. However, given the number of individuals that an organization can send to a workshop, our training is cost-effective for organizations and is much less than an organization would spend sending attendees to conferences offered by professional conference companies. We offer our workshops across western Canada.
Any organization that wishes to explore retaining our Professional Regulatory Group to provide a workshop to one or more of its regulatory committees are invited to contact the leader of our Professional Regulatory Group, Greg Sim (gsim@fieldlaw.com; 780-423-7673). Greg can discuss your particular needs and provide you with a fixed fee quotation for the proposed workshop. The following recordings of webinars hosted by Field Law's Professional Regulatory group are available for purchase. Please check the "Upcoming Webinars" tab for information on future sessions, or click here to subscribe to our mailing list and sign up to receive the information directly in your inbox.
Understanding + Implementing Bill 46: A Guide for Colleges
Bill 46 represents the most extensive set of amendments to the Health Professions Act (“HPA”) since the legislation came into effect nearly 20 years ago. Presented by James Casey, KC, Katrina Haymond, KC, and Greg Sim, this complimentary webinar summarizes the provisions in Bill 46 and provides Colleges with a checklist of steps needed for implementation.
Click here for more information.
Regulatory Reform Comes to Alberta
Alberta Health’s discussion paper “Proposals to Amend the Health Professions Act to Improve Regulatory Effectiveness and Efficiency” proposes the most significant changes to the Health Professions Act since it was enacted. Presented by James Casey, KC, Katrina Haymond, KC and Gregory Sim, this webinar addressed multiple topics including a review of the proposals and Bill 30.
Click here for more information.
Human Rights + Professional Regulation: What Every Organization Needs to Know
Presented by former partner Ayla Akgungor and Caitlyn Field, this webinar focused on an understanding of key human rights considerations and their application to regulatory functions. Regulators are also employers and need to be aware of their human rights obligations towards their employees.
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Registration Issues in Professional Regulation
Presented by Gregory Sim and Evie Maldonado, this webinar discussed current issues and challenges that can arise in the registration process such as recent developments in good character assessments and challenges in assessing international applicants and foreign qualifications.
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Fair Registration Practices Act: Implications for Professional Regulatory Organizations
Presented by James Casey, KC and Gregory Sim, this complimentary webinar focused on assisting professional regulatory organizations in understanding the Fair Registration Practices Act, their obligations, and how they can proactively take steps to implement registration practices that are transparent, objective and fair.
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Tips + Traps for Hearing Tribunal Members
Presented by former partner Ayla Akgungor and Jason Kully, this webinar focuses on several situations that can arise during the course of a professional discipline hearing. The presenters will identify some of the traps that may arise and will provide pragmatic advice on how to avoid common hearing pitfalls.
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Dealing with Unrepresented Members
Whether it be due to cost or personal choice, regulated professionals facing disciplinary proceedings often elect to represent themselves. Presented by Chelsey Bailey and Tessa Gregson, this webinar addresses the unique challenges for regulators and administrative tribunals in ensuring a fair process.
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Issues in Professional Discipline Investigations: Tips + Traps
Presented by Katrina Haymond, KC and Leanne Monsma, this webinar focuses on several difficult situations that can arise during the course of an investigation. The presenters outline some of the traps that regulators may fall into, as well as tips for preventing and managing these situations.
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Don't Forget the Sanctions...
You’ve heard all the evidence and the charges are proven. For the professional whose career is on the line, nothing could be more important than what comes next... Presented by James Casey, KC and Gregory Sim, this webinar discusses important considerations for assessing and imposing sanctions in professional discipline cases.
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Year in Review: Important Professional Regulatory Cases of 2020
What are the key legal trends that regulators faced in 2020? What are the strategic and operational implications for regulators? Presented by James Casey, KC and Leanne Monsma, this webinar provided information on the most important professional regulatory court cases of 2020.
Click here for more information. Serving clients proactively
A professional regulator was sued by a member of the organization who alleged bad faith investigation, negligence and abuse of process. Gregory investigated the claims and took the client through a risk management exercise. "I sat down with my client the regulatory body and looked at what happened, where its processes could be improved and whether the claim had merit. We filed a motion to dismiss the claim and then assisted the group to improve its processes to avoid similar issues in the future."
Protecting our clients' assets
Another professional regulator was having trouble enforcing its legislation prohibiting non-members from using reserved professional titles. Companies were using the reserved titles in their business names and ignoring the regulator’s requests to change their names. Gregory filed court applications against the companies and the Registrar of Corporations and obtained court orders compelling the Registrar to change the corporate names when the companies wouldn’t.
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