Professional Regulation and Discipline in the Health Care Sector

• The role of the colleges (registration/fairness/ jurisdiction)
• Perspectives on the public interest and how the colleges can ensure public confidence in the system
• Issues faced by newly regulated professions
• The future of professional regulation
• Registration complaint investigation
• Injunctions against/prosecutions of unlicensed practitioners
• The role of the prosecutor and defence counsel in dealing with illegal practice
• Dealing with unrepresented members in an illegal practice context

Anita Ashton, Chief Operating Officer & Interim Registrar, College of Physiotherapists of Ontario
Silvie Crawford, Executive Director & CEO, College of Nurses of Ontario
Rebecca Durcan, Steinecke Maciura LeBlanc
Daniel Faulkner, Registrar & CEO, Royal College of Dental Surgeons of Ontario
Lad Kucis, Gardiner Roberts LLP
Julie Maciura, Steinecke Maciura LeBlanc
Christine T. Moss, Chair, Health Professions Appeal and Review Board, Health Services Appeal and Review Board, Ontario Heptatitis C Assistance Plan Review Committee

• Running a timely complaints process
• Effective screening of complaints from the public
• Practice before and decision making at the Inquiries, Complaints and Reports Committee (ICRC)
• Dealing effectively with concurrent regulatory, civil, hospital privileges and/or criminal proceedings
• Section 75 Investigations
  • the rights of the investigator and the health professional
  • what gives rise to section 75 investigations?
  • the scope of a section 75 investigation
  • what are the colleges permitted to do?
  • how to best respond to an investigation
  • the disclosure obligations for both sides
  • the investigators’ duties
  • the health professional’s duty to cooperate
• How to select and train members of a complaints committee
• How to draft a strong and comprehensive response to a complaints committee
• Crucial issues in college investigations
  • managing 3rd party complaints
  • disclosing expert reports and the names of experts during the investigations phase
• Reviews of ICRC decisions at the HPARB and Divisional court

Jill Dougherty, WeirFoulds LLP
Emma Gardiner, Rosen Sunshine LLP
Naakai Garnette, Director, Professional Conduct, College of Massage Therapists of Ontario
Jordan Glick, GlickLaw
Laura Hutchinson, Vice President, Barker Hutchinson & Associates Ltd.
David Jacobs, Watson Jacobs McCreary LLP
Josh Koziebrocki, Koziebrocki Law
Dr. Colette Larocque, Principal, Investigations and Hearings, College of Veterinarians of Ontario
Robin McKechney, McCarthy Tétrault LLP
Erica Richler, Steinecke Maciura LeBlanc
Alysha Shore, Paliare Roland LLP
Shilo Tooze, Associate Registrar, Licensure, College of Veterinarians of Ontario
Wendy Waterhouse, Senior Investigator/Decision Writer, Professional Conduct and Regulatory Affairs, Royal College of Dental Surgeons of Ontario
Stuart Zacharias, Lerners LLP
Rebecca Zaretsky, Lawyer, Workplace Investigator, Professional Regulation Consultant & Investigator

• The factors that determine whether a matter goes to a Fitness to Practice proceeding or before a discipline committee
• Typical disciplinary offences (incompetence, misconduct, incapacity)
• What are the post‑investigation privacy and disclosure obligations for both sides?
• Tips on how to best approach a pre‑hearing conference
• Pre‑hearing motions and conferences
• ADR/Mediation Alternative dispute resolution and medication – when to engage
• Quality Assurance
• Mandatory reporting
• Regulatory response to professionals’ postings on social media
• The intersection between health and criminal law

Neil Abramson, Torkin Manes LLP
Hilary Bauer, Manager, Registration, Royal College of Dental Surgeons of Ontario
Alice Cranker, Counsel, Legal Office, College of Physicians and Surgeons of Ontario
Justin Safayeni, Stockwoods LLP
Jane Kidner, Mediator
Vicki McCoy, Director, Professional Practice, College of Massage Therapists of Ontario
John McIntyre, McIntyre Szabo PC
Dr. Maurice Siu, Forensic Psychiatrist
Elyse Sunshine, Rosen Sunshine LLP
Kim Westfall‑Connor, Past President, CMTO; Co‑Chair, Discipline Committee, College of Massage Therapists of Ontario
Cara Faith Zwibel, Director, Fundamental Freedoms Program, Canadian Civil Liberties Association

•  Pre‑hearing conferences
• Prosecuting at the discipline committee
  • best practices and advocacy tips for appearing before a discipline committee
• Defending the member at the disciplinary hearing
  • strategies for advancing an effective defence
  •  disclosure issues
  • ethical and professional responsibility issues
• The role of the independent legal counsel
• How to conduct witness interview
• Disclosure issues for the prosecutor, defence counsel and independent legal counsel
• Dealing with the self‑represented
• The proper role of the prosecutor
• Independent legal counsel – how to avoid being in a conflict of interest
• The role of the adjudicator at the disciplinary hearing
• Special issues in sexual abuse hearings
• Issues in reasons for decisions

Chris Aljawhiri, Ontario College of Pharmacists Discipline Committee
Michael Fraleigh, Fogler Rubinoff LLP
Colin Johnston, Lenczner Slaght LLP
Bernard C. LeBlanc, CS, Steinecke Maciura LeBlanc
Anna Matas, Gillian Hnatiw & Co.
Debra McKenna, WeirFoulds LLP
Luisa Ritacca, Stockwoods LLP
Lonny J. Rosen, CS, Rosen Sunshine LLP
Maureen Salama, Brauti Thorning LLP
Colin Stevenson, Stevenson Whelton Barristers
Alexandra Wilbee, WeirFoulds LLP

• How to negotiate reasonable penalties
• How to deal effectively with concurrent criminal and/or civil proceedings
  • member’s rights and obligations when there are concurrent proceedings
  • ethical limits on the use of Crown disclosure in civil cases
  • discipline cases at the courts
• Appeals
  • when to appeal (and time limits)
  • how to deal with prematurity and other issues
  • stays
  • adequacy of reasons
• Judicial review
  • the standard of review
  • deference and judicial review
• Penalties and Costs
  • assessing the appropriate penalty
• Reinstatement applications
• What makes a convincing appeal or judicial review application?
• Advocacy in health law appeals and judicial reviews

Amy Block, Senior Counsel, College of Physicians and Surgeons of Ontario
Lisa Constantine, Constantine Legal
The Hon. Justice David L. Corbett, Divisional Court, Ontario Superior Court of Justice
Morgana Kellythorne, Senior Counsel and Investigation Counsel Lead, CPSO
Ben Kates, WeirFoulds LLP
Zohar Levy, Orr Taylor LLP
Justin Nasseri, Ross Nasseri LLP
The Hon. Justice Shaun O’Brien, Ontario Superior Court of Justice
Carolyn Silver, Chief Legal Officer, College of Physicians and Surgeons of Ontario
Alyssa Tomkins, Gowlings LLP
Paul‑Erik Veel, Lenczner Slaght LLP
Hanno Weinberger, OCT
Alexi Wood, St. Lawrence Barristers PC
Lidiya Yermakova, Lenczner Slaght LLP