You Are Not Alone
At some point in your busy career, you may be the subject of a complaint by a client, patient or customer. Moreover, your professional licensing or regulatory association may initiate a complaint against you in its own right. Punishments can include but are not limited to suspension, refusal to renew license or a cancellation of the license to practice. This is a serious matter which can cost you your career and reputation.
It is hard not to take such a complaint personally. Legal representation in the event of a professional complaint should be considered. If you represent yourself, you run the risk of appearing overly defensive or plaintive. Legal representation affords a measure of objectivity and ensures your interests are protected throughout the process. Some complaints have concurrent criminal charges that require a defence against such criminal charges that put a person’s career and the license to practice in jeopardy.
What Are Your Rights?
Administrative law usually provides you with some combination of the following rights:
- You have the right to adequate notice of the case to be met.
- You have a right to a hearing or other fair process with respect to the decision to be made.
- You have the right to an unbiased decision-maker.
- You have a right to a decision-maker who is free of a reasonable apprehension of bias.
- You have the right to be treated with fairness.
- You have a right to appropriate procedural steps.
- You have the right to procedural safeguards where the decision will affect your employment or professional standing.
- You have a right to fairness where the decision will affect your property rights.
- You have the right to make submissions to the decision-maker.
- You have a right to findings of fact based on the evidence presented.
- You have the right to a decision within the scope of the powers given by the legislative or regulatory scheme applicable.
- You have a right to a decision based on relevant factors.
- You have the right to a decision that is correct, or reasonable.
- You have a right to a decision based on its own merits.
- You have the right to a decision rendered in good faith.
- You have a right to reasons for the decision.
- You have the right to a decision made in accordance with the law.
- You have a right to a decision by the appropriate level of government, whether federal or provincial.
- You have the right to a decision based on an appropriate level of discretion.
- You have a right to the protections outlined in the Canadian Charter of Rights and Freedoms.
Nanda & Associates: Administrative Law Lawyers in Toronto and the GTA for Professional Disciplinary Proceedings
Legal representation can assist in identifying the appropriate combination of rights applicable to your case. It is important that the hearing panel considers the complaint in the context of the whole of your previous career or employment. A complaint from any source presents a challenge. It is essential that you meet it with your rights recognized and protected.
At Nanda & Associate Lawyers, we work personally with our clients to make sure that they are well represented. Our lawyers work hard to provide cost-effective practical solutions. They have a wide experience in dealing with administrative law issues and professional disciplinary proceedings. Please feel free to call us at 905-405-0199 and discuss any of your concerns. Our lawyers will be happy to assist you.