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The Law of Professional Regulation, 2nd Edition
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The Law of Professional Regulation, 2nd Edition is a comprehensive textbook about professional regulation and potential liability of regulatory bodies. This unique resource reviews relevant court and tribunal decisions since 2004, discusses long-standing principles which guide these decisions, and provides an in-depth discussion of the procedural elements of professional regulatory offences. In this second edition, author Bryan Salte comments the many changes that have occurred since the first edition, including the Supreme Court’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov.
This book provides lawyers and regulatory bodies with a tool for navigating through investigations, hearings and other responsibilities of regulatory bodies. It provides lawyers who advise regulatory bodies and lawyers who represent regulated professionals with a comprehensive guide when advising their clients. Readers will benefit from:
- The comprehensive overview of this area of the law, geared to administrative law lawyers
- The discussion of all angles of investigations and hearings
- The coverage of general principles, admission to the profession, duties and liability issues
- The examination of the impact of the Canadian Charter of Rights and Freedoms and various Human Rights Codes
- The expert commentary on current case law
- The case law summaries providing up to date decisions
What’s New In This Edition
- Discussion of the Supreme Court’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov
- Discussion of regulatory bodies and the approach to take in dealing with the conduct of registrants who have disabilities
- Discussion of the established expectations for health regulatory bodies in dealing with complaints and licensure by the Health Professions Review and Appeal Board in Ontario and the Health Professions Review Board in British Columbia
- Discussion of the Courts and regulatory bodies in developing the jurisprudence related to obtaining evidence when investigating possible unprofessional conduct and the circumstances in which that may constitute a breach of the Canadian Charter of Rights and Freedoms
Who Should Read This Book
- Administrative law lawyers who are looking for a comprehensive, reliable and up-to-date guide to regulated professions
- In-house counsel and legal departments, especially at banks, hospitals, accounting firms, and private or government bodies that employ professionals such as lawyers and accountants
- Professional regulatory bodies to assist them to address the complexities of professional regulation
- Tribunals, government departments and regulatory boards who may be called upon for advice and guidance about these issues
- Law libraries that want to provide users with a full range of reference materials
Table of contents
Chapter 1: Introduction
Chapter 2: General Principles
Chapter 3: Admission to the Profession
Chapter 4: Authority over the Individual
Chapter 5: Investigation
Chapter 6: What is Unprofessional Conduct?
Chapter 7: The Hearing Process
Chapter 8: Penalty
Chapter 9: The Duty of Fairness
Chapter 10: The Charter
Chapter 11: Human Rights Requirements and the Duty to Accommodate
Chapter 12: Regulatory Bodies and Privilege
Chapter 13: Principles Relating to Court Review of Administrative Body Decisions
Chapter 14: Principles Relating to Judicial Review of Administrative Body Decisions
Chapter 15: Standing in Judicial Review and Appeals
Chapter 16: The Doctrines of Functus, Res Judicata, Abuse of Process, Collateral Attack and Stare Decisis — Their Application To Regulatory Bodies
Chapter 17: Practising a Profession Without a Licence
Chapter 18: Liability Issues