Agenda

Day One: Tuesday, April 16, 2024

10:15 EDT

45 min
Richard Steinecke Erin MacQuarrie

Don’t Be Left Behind! Stay on Top of New Developments

Richard Steinecke, Writer and Educator, Retired Lawyer, Steinecke Maciura LeBlanc

Erin MacQuarrie, Associate, Steinecke Maciura LeBlanc

  • The tapering off of self-regulation and the ramping up of accountability
  • Proactively including the balancing of “Charter values” into regulatory decision making
  • Expanding compassionate regulation beyond the complaints process
  • Implementing lessons from recent, significant, court cases

11:00 EDT

45 min
Lisa Feinberg

Human Rights Applied: A Practical Guide to the Duty to Accommodate in Registration, Disciplinary, Quality Assurance and Incapacity Processes

Lisa Feinberg, Lawyer, GlickLaw

Human Rights play into every process in the regulatory context. This session will cover:

  • Key human rights principles and laws that apply to regulators
  • How the duty to accommodate furthers a regulator’s public protection mandate
  • How to reconcile any tensions between the duty to accommodate and this public protection mandate
  • New developments in the human rights jurisprudence involving regulators
  • How to address human rights issues proactively and cost effectively

11:45 EDT

45 min
Patricia Harper Dr. Tony DeBono

Essential Guidance on Where to Draw the Fine Line: Reacting to Registrant Conduct Outside the Workplace

Moderator Patricia Harper, Partner, Keel Cottrelle LLP

Dr. Tony DeBono, Registrar, College of Psychologists of Ontario

Zimra Yetnikoff, Director, Investigations and Hearings, College of Psychologists of Ontario

  • From registrants who bad-mouth the profession or other professionals, to comments on gender identity, sexual orientation, race, or religion, to expressions of support for one side or the other in the war, this is a difficult area for regulators.
  • Where should you draw the line?
  • How should you approach situations where a professional’s right to free speech may conflict with the public interest regulators must protect?
  • The Jordan Peterson case on social media.
  • New cases.
  • What’s the difference between political and discriminatory speech?

12:30 EDT

60 min

Break

13:30 EDT

45 min
Lai-King Hum

Law Society of Ontario’s Discrimination and Harassment Counsel Program: Addressing Discrimination and Harassment in the Profession

Lai-King Hum, Discrimination and Harassment Counsel, DHC Program, Law Society of Ontario / Founder, Hum Law Firm

  • What is the Discrimination and Harassment Counsel Program and its purpose?
  • How does it contribute to the regulation of member professionals?
  • What services are provided by the Discrimination and Harassment Counsel?
  • How does the Discrimination and Harassment Counsel Program support the regulatory mandate of the LSO?
  • What are other profession regulators doing?

14:15 EDT

45 min
Elisha Vadnais Andrew Douglas

Right Touch Regulaton At College of Registered Nurses of Alberta

Elisha Vadnais, Governance Policy Lead, College of Registered Nurses of Alberta

Andrew Douglas, Executive Director, Governance, Regulation and Standards, College of Registered Nurses of Alberta (CRNA)

  • Decision Making and Measuring
  • Lessons learned
  • How to demonstrate right touch regulation principles in practices and operations;
  • Becoming aligned with right touch principles
  • Systemic issues and challenges
  • Decision Making and Measuring

15:00 EDT

15 min

Break

15:15 EDT

45 min
Constantine Karboliotis

Update on Privacy and Cyber Security for Regulated Professional Bodies

Constantine Karboliotis, Counsel, nNovation LLP

As a series of recent incidents, the highly-publicized ones and those not-so-well-known, have demonstrated, the consequences of a privacy or security breach are dire. This session examines the steps organizations are taking to try to stay ahead of the attacks that are coming at them from all directions, with a special focus on the responsibilities of regulated professionals:

  • Regulatory considerations affecting privacy and cyber security.
  • Preventing the threats: awareness and protection.
  • Responding to the incidents: best practices for incident response.
  • The role of employees and contractors.
  • Insurance: Ensuring you have, and have available, the right Insurance.

16:00 EDT

End of Day One

Day Two: Wednesday, April 17, 2024

10:00 EDT

15 min

Welcome and Opening Remarks from the Chair

10:15 EDT

45 min

Regulator’s Guide to Complaints, Disciplinary Hearings & the Issue of Costs

  • The process and stages prior to a disciplinary hearing.
  • When does a complaint go to a hearing?
  • Who hears the case?
  • Powers of the Disciplinary Committee.
  • Witnesses and evidence.
  • New issues in costs – impact on regulators.

11:00 EDT

45 min
Lisa Braverman

Handling Challenges Related to Reinstatement

Lisa Braverman, Barrister and Solicitor

  • Introduction: reinstatement vs restoration vs readmission
  • Timing and nature of reinstatement application
  • Burden of proof and standard of proof
  • Procedure at reinstatement hearing
  • Reinstatement without a hearing
  • Test for reinstatement and relevant court decisions
  • Practical fact scenarios

12:30 EDT

60 min

Break

13:30 EDT

45 min
Naakai Garnette

Protecting the Public Interest: Incapacity Process and Hearings

Naakai Garnette, Director, Professional Conduct, College of Massage Therapists, Ontario

Yufei (Fiona) Wang, Prosecution Lead, College of Massage Therapists of Ontario (CMTO)

  • Does the Regulator play a role in monitoring the registrant’s conduct when there are mental health challenges and concerns relating to safety and risk to patients?
  • Inquiries relating to the capacity of a member
  • Physical or mental examinations during an inquiry
  • Interim orders pending a incapacity hearing
  • In’s and out’s of the incapacity hearing.

15:00 EDT

15 min

Break

16:00 EDT

End of Day Two