Professional Regulatory
Professional Regulatory
Overview
Experience
People
News + Views + Events
Publications + Roundtables
Workshops
Webinar Recordings
Upcoming Webinars
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. 

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. 

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:

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
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...
June 2019
Public Communications That Do Not Cross the Line: Dealing with Claims of Defamation
Perspectives for the Professions
Tsatsi v College of Physicians and Surgeons of Saskatchewan, 2018 SKCA 53, held that a physician’s defamation claim against his regulator, his employer, and the government, should be dismissed as a result of the defences of truth and qualified pr...
June 2019
Who’s Responsible Here? The Regulation of Telepractice
Perspectives for the Professions
The internet facilitates world wide access to professional services. This in turn raises significant jurisdictional issues for regulators. If an individual or a company resides in jurisdiction “A” and provides professional services over the...
May 2019
Professional Regulation: The Political Winds are Blowing
Alert
Professional regulators should be aware that “the political winds are blowing.” Some say that a real storm is brewing while others claim that this is simply a short-lived squall of the type that regularly buffet the good ship “Self-Re...
April 10, 2019
Is Someone at the Door? Practice Visits, Inspections + Reviews
Professional Regulatory Roundtable Series
Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for another lunch time roundtable. This roundtable will assist regulators and their staff who use practice visits, inspections or reviews to monitor competency...
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, QC 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 16, 2018
Conducting Regulatory Investigations
Presentations
Canadian Network of Agencies for Regulation Annual Conference
Join Field Law's Jim Casey, QC and Greg Sim for a pre-conference workshop at the Canadian Network of Agencies for Regulation (CNAR) Annual Conference. Jim and Greg are two of the instructors at this workshop being organized by Richard Ste...
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...
October 2018
Case Summary: The Importance of Ensuring Allegations Contain Sufficient Particulars
Perspectives for the Professions
MacLeod v Alberta College of Social Workers, 2018 ABCA 13, highlights that a person under investigation must be given reasonable particulars of the allegations against them.Ms. MacLeod was a Registered Social Worker and had been a member of the Alberta...
September 2018
Issues in Professional Discipline Investigations: Tips + Traps
Webinar
Effective professional discipline investigations are fundamentally important to the professional discipline process. The information that is obtained is used to make decisions about complaints that are received, including whether there is sufficient ev...
September 2018
The Best Lawyers in Canada 2019
28 Field Law Lawyers Recognized
Field Law is proud to announce that 28 of our lawyers have been included in the 13th edition of The Best Lawyers™ in Canada. These lawyers have been recognized in 17 service areas, resulting in a total of 36 rankings.Among the 28 Field Law l...
August 2018
Alberta Appeal Court Rules Against Dentist in Regulatory Body’s Free Speech Complaint
The Lawyer's Daily
June 2018
Supreme Court Defers to Law Societies in Denial of TWU’s Law School
Professional Regulatory Alert
In the related decisions of Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, and Trinity Western University v. Law Society of Upper Canada, 2018 SCC 33, the Supreme Court of Canada concluded that the Law Societies of British ...
June 19, 2018
Professional Regulation in the Age of Social Media
Professional Regulatory Roundtable
Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for another lunch time roundtable. This roundtable is designed to assist complaints directors and other regulatory professionals to navigate the issues that ca...
June 11, 2018
Sexual Abuse Amendments to the Health Professions Act and Health Disciplines Act: Implications for Regulators
Professional Regulatory Workshop
On June 1, 2018 regulators received a discussion document from Alberta Health “Protecting Patients from Sexual Abuse By Regulated Health Professionals” which outlines potential amendments to the Health Professions Act and Health Disciplines...
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, QC and Gregory Sim of the Field L...
April 19, 2018
Resolve to Resolve Alternatively
Professional Regulatory Roundtable Series
Join the Field Law Professional Regulatory Group and your professional regulatory colleagues for a lunchtime roundtable. This roundtable is designed to assist regulators and their staff whose mandates include resolving complaints, including by assessin...
March 2018
Unauthorized Practice: Strategies that Work
Perspectives for the Professions
Regulators have an obligation to protect the public from unqualified, unauthorized persons practicing the profession. Regulating this risk to the public is challenging. Regulators have a variety of approaches and tools to secure compliance with their g...
March 2018
Duty of Fairness at Investigative Stage and the Importance of Cooperation in an Investigation
Perspectives for the Professions / Canadian Employment Law Today
November 2017
Bill 27: Expansion of the Conflicts of Interest Act to Public Agencies
Bill 27 passed first reading in the Alberta Legislature on November 8, 2017. If passed, the legislation will amend the Conflicts of Interest Act (the "Act"), and expand its coverage to include public agencies, boards and commissions in Albert...
November 2017
Discipline Hearing Processes
Seminars
Professional Investigation and Discipline Procedures Workshop, Regina, SK
November 2017
Decision Writing
Seminars
Professional Investigation and Discipline Procedures Workshop, Regina, SK
October 2017
No Loyalty Program for Drugs: Court Confirms Prohibition on Pharmacy Inducements
Professional Regulatory Alert
The Alberta Court of Appeal recently confirmed that professional regulators have significant discretion to implement rules and policies intended to protect the public interest. Specifically, rules and policies may include the regulation of activities w...
October 2017
Perspectives on Transparency for Professional Regulators
Conferences
The Canadian Network of Agencies for Regulation (CNAR) Conference, Halifax, NS
September 2017
The Relationship Between Council and the Chief Executive Officer
Perspectives for the Professions
The Chief Executive Officer of a professional regulatory organization is the senior staff person responsible for the overall operations of the organization. Typically, the CEO will report to Council which is responsible for providing governance oversig...
September 2017
Importance of Clear Guidelines and Policies
Perspectives for the Professions
Silwin v College of Physicians and Surgeons, 2017 ONSC 1947, upholding a Discipline Committee’s decision to reject a defence of officially induced error on the basis that the professional unreasonably misinterpreted the guidelines.Dr. Silwin was ...
September 2017
Standing of Complainants on Judicial Review
Perspectives for the Professions
Del Valle v Law Society, 2017 NWTSC 29, holding that a complainant has no standing to bring an application for judicial review to challenge the merits of a regulator’s decision to dismiss a complaint.Mr. Holden, a member of the Law Society of the...
September 2017
Your Career May Be An Open Book: Privacy and Regulatory Investigations
The CAP Monitor
August 2017
The Best Lawyers in Canada 2018
25 Field Law Lawyers Recognized
25 Lawyers from Field Law Recognized in The Best Lawyers™ in Canada 2018 Field Law is pleased to announce that 25 lawyers have been included in the 12th Edition of The Best Lawyers™ in Canada. Three of these lawyers are new additions a...
June 2017
The Canadian Free Trade Agreement – “Old Wine in New Bottles” for Labour Mobility
Professional Regulatory Alert
Judging from the headlines touting the new Canadian Free Trade Agreement (“CFTA”) as “the biggest step forward in removing barriers to internal trade…in the history of Canada,” “the most ambitious free trade agreeme...
May 2017
If It Looks like a Duck: British Columbia Court of Appeal Rules on Title Use
Professional Regulatory Alert
Professional regulators are often faced with non-members who use titles similar to those used by regulated members of the profession but not explicitly prohibited by the governing statute. In Organization of Chartered Professional Accountants of Britis...
April 2017
Supreme Court of Canada Confirms Regulators Have Broad Authority and Discretion to Fulfil Mandate
Professional Regulatory Alert
In its recent decision of Green v. Law Society of Manitoba, 2017 SCC 20, the Supreme Court of Canada confirmed that professional regulatory organizations will be granted deference when they enact general rules or bylaws to meet their public interest ma...
January 2017
Joint Submissions on Sanction
The Supreme Court of Canada Clarifies the Amount of Deference that Should be Given
In a previous article, we discussed a discipline tribunal’s role in considering joint submissions on sanction; namely, a discipline tribunal has the discretion to accept or reject a joint submission. Previous courts adopted principles established...
October 2016
Court of Appeal Recognizes Regulator's Robust Implied Power in Name of Public Protection
Professional Regulatory Alert
In Law Society of Alberta v. Beaver, 2016 ABCA 290, the Alberta Court of Appeal held that suspended lawyers are not entitled to act as “legal agents,” a limited status in which the agent can represent another person in P...
June 2016
Performance Reviews: Check-Ups Keep Regulators Running in Top Condition
Perspectives for the Professions Newsletter
What is a performance review?A “performance review,” also known as a “third-­party review,” is a rigorous, in­-depth assessment of the regulatory performance of an organization by an independent and objective o...
June 2016
Case Summary: Duty to Cooperate with Regulator
Perspectives for the Professions Newsletter
Round v. Institute of Chartered Accountants of Ontario, 2015 ONSC 7099, dismissing an application for judicial review following commencement of professional misconduct proceedingsThe Professional Conduct Committee (the “C...
June 2016
Case Summary: Good Character Requirement
Perspectives for the Professions Newsletter
Nowoselsky v. Saskatchewan Association of Social Workers, 2015 SKQB 390, dismissing an appeal from a Council decision upholding denial of registration.Mr. Nowoselsky disclosed in his application for registration with the Saskatchewa...
May 2016
Prohibition on Pharmacy Inducements Beyond College of Pharmacists’ Authority
Professional Regulatory Alert
In Sobeys West Inc v. Alberta College of Pharmacists, 2016 ABQB 232, the Alberta Court of Queen’s Bench held that amendments to the College of Pharmacists’ Codes of Ethics and Standards of Practice prohibiting inducement...
March 2016
Significant Consequences Mean Significant Procedural Rights: Alberta Court of Appeal Provides Guidance on Procedural Fairness in Incapacity Assessments
Professional Regulatory Alert
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the Alberta Veterinary Medical Association (“ABVMA”) failed to afford procedural fairness to a veterinarian undergoing an incapac...
February 2016
The Regulator Knows Best: British Columbia Court of Appeal Upholds Bylaws Prohibiting Customer Incentive Programs
Professional Regulatory Alert
In Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41, the British Columbia Court of Appeal determined that it was reasonable for the College of Pharmacists to prohibit pharmacists from using “customer inc...
January 2016
Alberta Court Determines APEGA’s Registration Examinations Are Not Discriminatory
Professional Regulatory Alert
In Association of Professional Engineers and Geoscientists of Alberta v. Mihaly, 2016 ABQB 61, Madam Justice J.M. Ross ruled that it is not discriminatory for the Association of Professional Engineers and Geoscientists of Alberta (&ldqu...
December 2015
Case Summary: Liability of Regulators for Negligence
Salehi v. Association of Professional Engineers of Ontario, 2015 ONSC 7271 (CanLII) (Ont Sup Ct), claim of regulatory negligence during registration struck on basis of no private law duty of care.Mr. Salehi, a foreign educated engineer, sued ...
December 2015
Professional Regulation and Ungovernability
Riccioni v. Law Society of Alberta, 2015 ABCA 62 (CanLII) (Alta CA), upholding a decision by the Law Society to disbar one of its members in part for ungovernability Earlier this year, the Alberta Court of Appeal upheld a decision by the...
October 2015
Case Summary: Expired Appeals
Clark v. Institute of Chartered Accountants of Alberta (Complaints Inquiry Committee), 2015 ABCA 271, concluding that an appeal of disciplinary findings to the Court of Appeal should not be restored after it was deemed abandoned for sign...
October 2015
Case Summary: Standard of Review in Discipline Matter
Professional Conduct Committee of the Saskatchewan College of Paramedics v. Bodnarchuk, 2015 SKCA 81, reinstating a decision of the College Discipline Committee.A paramedic was disciplined by a Discipline Committee of the Saskatchew...
October 2015
Requirement on Regulator to Follow Policies
Tsimidis v. Certified General Accountants of Ontario, 2014 ONSC 4236, concluded that the Certified General Accountants of Ontario (“CGA Ontario”) acted unfairly when withdrawing an applicant from a program of professiona...
July 2015
Question Everything… Except the Witness
Tips on Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175
On a frigid January night, Mr. Crawford was along for the ride when one of his companions - fuelled by alcohol and jealous suspicion, and armed with a completely ineffectual pellet gun - decided to steal a vehicle. Mr. Crawford was convi...
June 2015
Merely a Witness? The Uncertain Rights of a Complainant in Disciplinary Proceedings
Is the law surrounding the rights of complainants in disciplinary proceedings sufficiently settled so as to allow for a Court to dismiss the complainants’ application for judicial review without a full hearing on the merits? That i...
May 2015
Alberta Courts Enforce Fair Access to the Professions: Farhat v. College of Physicians and Surgeons of Alberta
Professional Regulatory Alert
In Farhat v. College of Physicians and Surgeons of Alberta, 2014 ABQB 731, the Court of Queen’s Bench highlighted the importance of careful documentation to justify registration decisions and procedural fairness in the registr...
February 2016
Case Summary: Ho v. Alberta Association of Architects
Perspectives for the Professions
Ho v. Alberta Association of Architects, 2015 ABCA 68, dismissing an appeal from a decision upholding findings of discipline.An architect was found guilty of professional misconduct. His appeal to the Council for the Alberta Associa...
February 2015
Case Summary: Katsoulakos v. Association of Professional Engineers of Ontario
Katsoulakos v. Association of Professional Engineers of Ontario, 2014 ONSC 5440, setting aside a decision of a Discipline Committee and ordering a new hearing. An engineer found guilty of professional misconduct appealed the finding...
February 2015
Case Summary: Levesque v. Nova Scotia College of Optometrists
Levesque v. Nova Scotia College of Optometrists, 2014 NSSC 22, dismissing judicial review and upholding decision to refer complaint to Hearing Committee. An optometrist challenged his College’s decision to refer a complaint to...
February 2015
Good Character and Reputation - The Registrar Knows Best!
Lum v. Alberta Dental Association and College (Review Panel), 2015 ABQB 12 is the first case in Alberta to determine the legal standard of review that applies to registration reviews by a Council. The Court held that the reasonablen...
November 2014
B.C. College of Optics Inc. v. The College of Opticians of B.C., 2014 BCSC 1853
Professional Regulatory Alert
The B.C. College of Optics (the “School”) is a private school for Opticians. The School applied to the provincial regulator, the College of Opticians of B.C., (the “College”) seeking recognition of the School’s&n...
May 2014
Ready, Set, Charge!
Professional discipline allegations are more art than science. Regulatory statutes usually provide little or no guidance for writing them. But whether you call them allegations, charges, citations, complaints or something else, observing a few sim...
November 2013
To Adjourn or Not to Adjourn, That is the Question
Perspectives for the Professions
Scheduling discipline hearings is difficult. In order to get to a hearing, the regulator often needs to coordinate the schedules of many very busy people. Once the regulator finally has all those people together, it can be frustrating to then rece...

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 customizes our workshop depending on the needs of the individual organization. Workshops that we currently offer are as follows:

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”: This half day workshop explains a regulator’s obligations under the Personal Information Protection Act , including what constitutes “personal information”, and the key rules relating to collection, use and disclosure of personal information. Other topics covered include tips to ensure compliance, and how to deal with privacy breaches if they occur.  This workshop is useful for staff members of regulatory organizations.

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. 

Registration Issues in Professional Regulation
Presented by Gregory Sim and Evie Thorne, 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. 
Click here for more information.

Fair Registration Practices Act: Implications for Professional Regulatory Organizations
Presented by James Casey, QC 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. 
Click here for more information.

Tips + Traps for Hearing Tribunal Members
Presented by 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. 
Click here for more information.

Year in Review: Important Professional Regulatory Cases of 2018
Presented by James Casey, QC and Kimberly Precht, this webinar focuses on 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?
Click here for more information.

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. 
Click here for more information.

Issues in Professional Discipline Investigations: Tips + Traps
Presented by Katrina Haymond 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.
Click here for more information.

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, QC and Gregory Sim, this webinar discusses important considerations for assessing and imposing sanctions in professional discipline cases. 
Click here for more information.

Please find below a schedule of other upcoming webinars presented by the Field Law Professional Regulatory Group. Check back for additional details as they are released, or click here to subscribe to the Professional Regulatory mailing list and sign up to receive the information directly in your inbox. 

Title Date
Human Rights + Professional Regulations:
What Every Organization Needs to Know
December 11
 
Year in Review: Important Professional Regulatory Cases of 2019 February 6

 

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.