PROFESSIONAL & REGULATORY OFFENCES
There are innumerable offences not contained in the Criminal Code. While not necessarily “criminal” in nature, regulatory offences can carry steep penalties that can interfere substantially with your day-to-day life.
These regulations are known as 'public welfare' regulations. They often operate to ensure that individuals exercise proper care and adhere to standards when engaging in certain activities. It is these types of regulations that govern a vast array of conduct, from everyday activities like driving a car, to the safe operation of professions, businesses, and industries.
Many regulatory offences are considered 'strict liability.' They are duty-based offences, in that failing to meet a certain standard of care- to perform the prescribed duty- can result in the commission of an offence. If you are charged with one of these offences, the onus lies on you to demonstrate that you exercised 'due diligence' at the time of the alleged offence.
Charges of this nature can bring you not only before the Court, but before a regulatory or disciplinary body that has the authority to impose fines and penalties, restrict your privileges, and interfere with your ability to work. Such charges can have a severe impact on your personal life and professional reputation.
Because of the nature of these offences, success in these cases requires an active and affirmative defence. The lawyers at Sprake & Co., work zealously to ensure a thorough appreciation of the facts of your case, to design a defence that is tailored to the situation at hand.
The lawyers at Sprake & Co., have broad experience dealing with regulatory and disciplinary bodies in various areas. We have considerable familiarity with the College of Physicians and Surgeons of Alberta, as well other professional bodies that operate throughout the province.
We also have a breadth of experience in dealing with our clients’ internal legal problems. We are pleased to provide advice to Boards and committees on a wide range of legal issues, and we advocate for these organizations’ best interests when internal issues may generate external investigations and scrutiny.
At Sprake & Co., we recognize that in-house legal issues and external inquiries can often interfere with maintaining your professional image. We strive to achieve resolutions that protect and preserve our clients’ personal relationships and reputations.
Regardless of the regulatory or disciplinary issues you are facing, Sprake & Co. has the experience and familiarity to guide you through the process and minimize any damage to your life, livelihood, and reputation.
 R v Sault Ste. Marie, 1978 CanLII 11 (SCC) at para.