Field Law's Professional Regulatory Group is pleased to announce the publication of a new book, "The Law of Regulatory Investigations in Canada" by James Casey, KC, Jason Kully, and Michelle Casey. Most administrative law texts focus on the adjudicative or hearing phase of regulatory processes. However, regulatory investigations are a much more prominent part of the overall regulatory machinery and give rise to complex and important legal issues. This book focuses on regulatory investigations and the legal issues that arise during that part of the regulatory process.
The Law of Regulatory Investigations in Canada is unique in that it offers a multi-disciplinary approach to this important topic. The text is organized by legal issue and covers a wide range of regulatory contexts, including professional discipline, police discipline, securities, financial regulation, environmental, occupational health and safety, privacy, human rights, competition law, and more. This multi-disciplinary approach provides an effective framework for a comprehensive analysis and synthesis of legal issues that arise in regulatory investigations generally.
The text will be a valuable resource for administrative law lawyers and regulatory agencies, including professional regulators, as they encounter administrative law issues in their investigative processes. Topics covered include:
- Jurisdiction and statutory compliance
- The Canadian Charter of Rights and Freedoms
- Duty to cooperate
- Interim orders
- Investigative powers
- Confidentiality, privacy and privilege
- Procedural fairness and reasonable apprehension of bias
- Parallel investigations and proceedings
- Delay in administrative proceedings
- Challenges to investigative decisions
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.