Self-Governing Professions 2017

Course Chairs
Lisa C. Fong — Ng Ariss Fong, Vancouver
Angela R. Westmacott, QC — Lovett Westmacott, Victoria

About the Course Chairs

Lisa C. Fong is a partner at Ng, Ariss, Fong, Lawyers, and her practice focuses on administrative law. In the area of professional regulatory law, she advises both professional regulatory bodies and professionals.  Her work with professional regulatory bodies includes advising on governance, registration, quality assurance, inquiry and disciplinary matters, and judicial reviews. Lisa regularly speaks at conferences and provides educational offerings on a variety of professional regulatory and administrative law issues. Ng, Ariss, Fong, Lawyers publishes an administrative and professional regulatory law blog at https://www.ngariss.com/blogs/suite-210.

Angela R. Westmacott, QC began her legal career with the Ministry of Attorney General where she practiced as litigation counsel in both the Civil Litigation section and the Constitutional and Administrative Law section of Legal Services Branch. In 1997, Angela and Deborah K. Lovett, QC left the provincial government to establish Lovett Westmacott which specializes in regulatory law. Angela practices in the areas of professional self-regulation, administrative, constitutional and human rights law.  She advises and represents a broad range of self-governing professions, tribunals and other public sector clients providing both regulatory advice and representation in litigation including discipline hearings. She has more than 26 years experience appearing before, and advising, administrative tribunals, and appearing at all levels of court, including the Supreme Court of Canada.  She has extensive judicial review and appellate litigation experience.

Angela is a frequent speaker at CLEBC and other conferences on professional self-regulation, administrative law, and human rights and has conducted extensive training in these areas for government, self-governing bodies and administrative tribunals.  In 2011 and again in 2013, Angela co-facilitated conferences on Professional Regulation for self-governing professions with Lisa Fong.

Angela’s past appointments include member of the BC Human Rights Council, member of the Law Society of British Columbia Unauthorized Practice Committee, member of the Law Society of British Columbia Credentials Committee, and member of the Safety Standards Appeal Board. She is presently appointed to the College of Physicians & Surgeons Discipline Committee and the Law Society of British Columbia Law Firm Regulation Task Force.


Faculty
Deborah Armour — Chief Legal Officer, Law Society of BC, Vancouver
Natasha Dookie — Deputy Registrar/Chief Officer Registration, Inquiry & Discipline, College of Registered Nurses, Vancouver
Rebecca Durcan — Steinecke Maciura LeBlanc, Toronto
Lisa C. Fong — Ng Ariss Fong, Vancouver
Katrina Haymond — Field Law, Edmonton
Sarah A. Hellmann — College of Physicians & Surgeons of BC, Vancouver
Jason Herbert — DLA Piper (Canada) LLP, Vancouver
Graeme Keirstead — Chief Legal Counsel, College of Physicians & Surgeons of BC, Vancouver
Brent Olthuis — Hunter Litigation Chambers, Vancouver
Jaia Rai — Beach Avenue Barristers, Vancouver
Jennifer Strate — Senior Manager (Acting), Inquiry & Discipline, College of Registered Nurses, Vancouver
Geoff Thiele — Director, Legal Services, Real Estate Council of BC, Vancouver
Angela R. Westmacott, QC — Lovett Westmacott, Victoria
Lara C. H. Zee — Harper Grey LLP, Vancouver

For more details on these agenda topics, click here.

Welcome and Introduction

Lisa C. Fong — Ng Ariss Fong, Vancouver
Angela R. Westmacott, QC — Lovett Westmacott, Victoria

Regulating Professional Businesses

• differences in regulating professionals versus their businesses
• the case for and against regulating businesses
• registration, quality assurance, investigation and discipline
• lessons learned and challenges ahead
  

Deborah Armour — Chief Legal Officer, Law Society of BC, Vancouver
Geoff Thiele — Director, Legal Services, Real Estate Council of BC, Vancouver

Labour Mobility

• interprovincial labour  mobility agreements
• enforcement mechanisms
• important issues
  • equivalent occupation
  • character
  • competency
  • currency of practice
  • “legitimate objectives”
• cases to know 

Jason Herbert — DLA Piper (Canada) LLP, Vancouver

Networking Break

Difficult Inquiry Issues: View from Two Sides

• responding to an investigation
• continuing an investigation when there is concurrent legislation
• taking interim action on a registrant’s license: how much information is enough before proceeding and how is a defense to be treated
• charging standards for sending to discipline hearing

Natasha Dookie — Deputy Registrar/Chief Officer Registration, Inquiry & Discipline, College of Registered Nurses, Vancouver
Jennifer Strate — Senior Manager (Acting), Inquiry & Discipline, College of Registered Nurses, Vancouver
Lara C. H. Zee — Harper Grey LLP, Vancouver

Networking Lunch (Provided)

Unauthorized Practice and Contempt

• injunctions to cease unauthorized   practice
•  injunctions to search and seizure evidence
•  recent cases:
  •  unauthorized cosmetic surgery
  •  unauthorized dental practice
  •  seizing electronic equipment: phones and computers

Brent Olthuis — Hunter Litigation Chambers, Vancouver

Key Recent Regulatory Cases

• who decides what is in the public interest
• regulating civility
• tribunal review of tribunal decisions
• delay or not to delay?

Sarah A. Hellmann — College of Physicians & Surgeons of BC, Vancouver
Graeme Keirstead — Chief Legal Counsel, College of Physicians & Surgeons of BC, Vancouver
Jaia Rai — Beach Avenue Barristers, Vancouver

Networking Break

Trends in Professional Regulation

• regulating of regulators
• loss of self-regulation
• mandatory transparency and discipline
• increased litigation against regulators

Rebecca Durcan — Steinecke Maciura LeBlanc, Toronto
Lisa C. Fong — Ng Ariss Fong, Vancouver
Katrina Haymond — Field Law, Edmonton
Angela R. Westmacott, QC — Lovett Westmacott, Victoria