The Law of Professional Regulation
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In the last 10 years, the law of professional regulation has undergone a number of changes that render the case law prior to 2004 largely irrelevant. That's what makes this new volume by expert Bryan Salte such a welcome – and necessary – publication. The Law of Professional Regulation discusses the impact of the seminal cases of the past decade, including Dunsmuir v. New Brunswick, F.H. v. McDougal, R. v. Conway and Binet v. Pharmascience Inc.,. This text also offers an up-to-date look at the legal principles and procedures governing this important area.
This comprehensive textbook provides valuable information that is applicable to the regulation of not only legal professionals, but also medical and financial professionals including doctors and accountants, amongst others. Since the scope of administrative law is wide, the principles and tribunal procedures discussed in The Law of Professional Regulation are useful to lawyers representing clients in virtually any profession that is governed by a regulatory body. This book is also a unique resource for in-house and government lawyers, where the professionals within their organization are heavily regulated and are seeking to reduce the cost of outside counsel.
Salte offers a guide to long-standing principles, recent case law and procedural elements related to professional regulation issues. In particular, readers of this volume will benefit from its:
- Comprehensive overview of this area of the law, geared to administrative law lawyers
- Discussion of all angles of investigations and hearings
- Coverage of general principles, admission to the profession, duties and liability issues
- Examination of the impact of the Canadian Charter of Rights and Freedoms and various Human Rights Codes
- Expert commentary on current case law
- Case law summaries providing up to date decisions
A Valuable Reference
The Law of Professional Regulation will be of particular interest to:
- 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 Solicitor-Client Privilege
Chapter 13: Principles Relating to Court Review of Administrative Body Decisions
Chapter 14: Standing in Judicial Review and Appeals
Chapter 15: The Doctrines of Res Judicata, Functus and Stare Decisis – Their Application to Regulatory Bodies
Chapter 16: Practising a Profession Without a Licence
Chapter 17: Liability Issues