This week, we’re speaking about professional regulatory law, with lawyer and bencher, Rebecca Durcan. Topics: BC’s Bill 21 and the independence of the regulator, trauma-informed regulation; Charter values vs Charter rights; and our Ask-Me-Anything segment. This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (58:08) Download Transcript
⚫ Would BC’s modernization of the legal profession meaningfully impact the independence of the regulator? (9:33)
⚫ How can regulators apply principles of compassion in their treatment of registrants and complainants? (18:55)
⚫ How does a new SCC decision impact the role of Charter values in decision-making, even when Charter rights are not directly infringed. (29:18)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (39:05)
⚫ What are some considerations to for regulators to apply when assessing whether and how to use their authority to discipline, revoke licenses and/or lay quasi-criminal charges? (39:42)
⚫ How does Ontario compare to other provinces/jurisdictions in terms of the degree to which professions are regulated? (41:47
⚫ How do regulatory bodies balance the right to free speech with maintaining professional conduct and standards, particularly in light of current issues involving the “culture wars”? (43:52)
⚫ What obligations, if any, do regulators owe to the professionals that they regulate? (47:26)
⚫ What are some attributes that make an organization a “modern regulator”? (51:10)
1. BC’s Bill 21 & the Independence of the Legal Profession (12:10) Download
– Bill 21 – 2024 – Legal Professions Act
– “Law society says B.C.’s plan for new regulatory body could undermine lawyers’ independence” (CBC News – Apr 15,2024)
2. Trauma-Informed Regulation (13:24) Download
– Susan Biggar, Martin Fletcher, Anna van der Gaag, and Zubin Austin, “Finding Space for Kindness: Public Protection and Health Professional Regulation,” International Journal for Quality in Health Care 34, no. 3 (2022)
3. The Value of Charter Values (12:47) Download
– Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31
4. Ask-Me-Anything: Professional Regulatory Law (19:01) Download
⚫ What are some considerations to for regulators to apply when assessing whether and how to use their authority to discipline, revoke licenses and/or lay quasi-criminal charges?
⚫ How does Ontario compare to other provinces/jurisdictions in terms of the degree to which professions are regulated?
⚫ How do regulatory bodies balance the right to free speech with maintaining professional conduct and standards, particularly in light of current issues involving the “culture wars”?
⚫ What obligations, if any, do regulators owe to the professionals that they regulate?
⚫ What are some attributes that make an organization a “modern” regulator?
About the Guest:
Rebecca Durcan is the Co-Managing Partner at Steinecke Maciura LeBlanc. Rebecca is an elected Bencher of the Law Society of Ontario. She attended Queen’s University to study history and obtained her law degree from the University of Windsor in 2000. In 2006, Rebecca completed her Masters in Health Law from Osgoode Hall. In 2016 Rebecca obtained her Certificate in Risk Management from the University of Toronto.
Rebecca acts as general counsel, prosecution counsel and independent legal counsel to several Ontario regulators. Her various roles, in addition to being an adjudicator at the Law Society Tribunal, allows Rebecca to bring an informed and nuanced perspective to regulatory issues.
In 2016, Rebecca co-authored the Annotated Statutory Powers Procedure Act with her partner Julie Maciura. In 2019, Rebecca also co-authored the text Prosecuting and Defending Professional Regulation Cases. Rebecca regularly speaks about regulatory issues at the Canadian Network of Agencies for Regulation (CNAR), Council on Licensure, Enforcement and Regulation (CLEAR), Ontario Bar Association, Advocates Society, and Continuing Legal Education of British Columbia. Rebecca is an Adjunct Professor at the University of Toronto Faculty of Law.
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