The Registrar Magazine - Issue 11 - Spring 2024

STEERING ADVANCEMENTS IN THE AUTOMOTIVE

RETAIL SECTOR

Nova Scotia’s new Regulated Health Professions

Meet the Ontario Motor Vehicle Industry Council’s CEO and Registrar, Maureen Harquail THE

Myrna McCallum's unconditional commitment to advocacy and empowerment in law

Journalists and Contributors

Damian Ali

Dean Benard

Collette Deschenes

M. Daniel Roukema

Graphic Designer & Production Manager

Allison Wedler

Editor in Chief

M. Daniel Roukema

Photo credits

Adobe Stock CLEAR

Dragi Andovski

MDR Strategy Group Ltd.

OMVIC

The Registrar magazine is produced and published by MDR Strategy Group Ltd.

800-1701 Hollis Street Halifax, Nova Scotia Canada B3J 2T9

1-800-874-3820

editor@theregistar.ca www.theregistrar.ca

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© 2024. All rights reserved

4

IN THIS ISSUE

SEEKING YOUR INPUT

Defining relevance in licensing and professional regulation.

The impacts and future direction of Nova Scotia's new Regulated Health Professions Act. 10

COMMUNICATIONS CORNER

Strategic social media as part of your regulatory communications toolkit.

12

COVER STORY

Meet the Ontario Motor Vehicle Industry Council’s CEO and Registrar, Maureen Harquail. 18

INVESTIGATOR INSIGHTS

Dean Benard, President and CEO, Benard + Associates on trauma-informed investigations.

23 REVOLUTIONIZING REGULATORY RECRUITMENT

Transforming the executive recruitment process for employers looking for the perfect leadership candidate.

27 CLEAR TORONTO: IN PHOTOS

Highlighting the successful CLEAR 2024 Regional Symposium in Toronto, Canada.

28

THE REGISTRANT

Myrna McCallum on integrating trauma-informed practices in regulation.

6 10 28

IHave

Your Say

DEI in Regulation

WHAT EXACTLY IS RELEVANT REGULATION?

Seeking your input

Daniel Roukema, CEO MDR Strategy Group

n our community, we seek continuous opportunities to improve approaches to licensing and professional regulation.

Over the past ten years, we have all become familiar with terms like openness and transparency, diversity, equity, and inclusion, as well as modernizing regulation.  These are all terms and considerations that leadership teams across Canada, the US, and around the world have taken hold of and oftentimes entrench into strategic priorities and plans seeking ways to become fairer but more accountable authorities.

For the past year, I've been very interested in "relevant regulation," a term I first began paying attention to when listening to Marc Spector, current President of CLEAR (Council on Licensure, Enforcement, and

Regulation), and Deputy Registrar at Ontario's Home Construction Regulatory Authority. A person atypically drawn to rules and structure (though I admittedly am great at breaking them), the idea of relevance in regulation, which I first interpreted as the rules for rules, struck an unusually exciting chord with me.

I've done a lot of thinking about it, asked Spector his thoughts, and listened to explanations from other sector leaders in Canada and around the world. In terms of publications and academic research, only the European Commission has volumes of information on relevant regulation, but I find their term simply synonymous with being responsible. Other definitions are strangely irrelevant to our context.

Based on my understanding, relevant regulation re-

fers to regulatory bodies having a proactive and meaningful impact on the lives of others. That occurs when:

1. Regulators listen to understand their registrants' needs and permit greater transparency in the regulation process.

2. Regulators are open with the public, their registrants, and other stakeholders and can be counted on to be honest.

3. The public and registrants can rely on the regulator for accurate and timely information, assistance, and justice, most importantly when they are most vulnerable.

4. Regulators tremendously influence the professionals they regulate; every type of communication can influence the mood, sense of safety, livelihood, and family of registrants. With the public, understanding that a complainant is in distress and supporting them with empathy builds trust and security.

5. Regulators understand and embrace the merits of diversity and equity. A one-size-fits-all approach to regulation is ineffective, so regulators adapt and become more accommodating to registrants and the public.

6. There is a need for regulators to evaluate their impact on the public they protect, especially the most vulnerable.

So, I'm asking you to join me in creating a peer-generated definition of relevant regulation. Please provide your comments by clicking on the link below. We will compile the feedback, share the outcomes, and attempt to create a working definition.

Let's join forces and define this!

Click here to access the survey.

DEI in Regulation

Legislation

REGULATED HEALTH PROFESSIONS ACT

Nova Scotia’s new Regulated Health Professions Act: Impacts and future directions

Damian Ali

Understanding the recent developments in Nova Scotia's healthcare landscape is crucial, particularly following the introduction of the transformative Regulated Health Professions Act (the Act) on November 9, 2023.

This legislation introduces a unified regulatory framework aimed at standardizing healthcare across professions, simplifying adaptations to future changes for regulated professionals. Review the legislation

Background

The Act, initially presented as Bill 323 on Oct. 12,

2023, and later received royal assent on Nov. 9, 2023, seeks to harmonize regulatory standards and procedures. This consolidation is intended to:

• share resources

• improve oversight

• update mandates to proactively address misconduct

Health and Wellness Minister Michelle Thompson emphasized in a press release, “This legislation will enhance patient protection and enable professions to swiftly adapt and resolve issues moving forward. We are committed to collaborating with healthcare providers to develop tailored regulations under this new act over the next two years.”

Each regulated health profession will continue to work under its own regulations to address the needs of their respective fields, such as scope of practice, entry-to-practice, and licensing and registration. Mark Lucas, Senior Program Lead, Health Profession Regulation from the Nova Scotia government says that, as a matter of supporting regulators in protecting the public interest, the new Act is forward-thinking in implementing consistency across the province.

“The roles and practices of the pro -

fessions can grow with new technology, new education, and better care models,” Lucas says. “It eliminates barriers that exist in the 21 current pieces of legislation, improves the model that regulators are operating under and enhances patient and client engagement across the health system. For example, the Act will soon establish a new quality assurance program for regulator performance, which allows us to review regulator performance to indicate if they are meeting the standards of good governance, while also allowing the regulator to demonstrate

“This legislation will enhance patient protection and enable professions to swiftly adapt and resolve issues moving forward."

- Health and Wellness Minister Michelle Thompson

Senior Program Lead, Health Profession Regulation, Mark Lucas

“The time ahead will be leveraged to determine next steps, what this means to the public, our combined registrants and to each of our regulatory bodies”

-Sue Smith, CEO and Registrar of the Nova Scotia College of Nursing

that they are meeting those standards.”

“Like Ontario’s College Performance Measurement Framework (CPMF), regulators can identify areas of collaboration and help ensure public confidence in the health system,” he says.

Key modernization legislation

The Act is expected to provide a modernized system of regulation, which offers a more flexible structure and language of each regulator’s current Act. Sue Smith, CEO and Registrar of the Nova Scotia College of Nursing (NSCN), says that the College appreciates how flexible the Act is in relation to the current Nursing Act.

“The modernized legislation is in keeping with the flexible structure and language of the Nursing Act, which has allowed NSCN to be responsive to the changing health environment in ways that benefit the public,” Smith says. “We are pleased to see that this will be maintained in the Regulated Professions Health Act.”

What comes next

Eventually, all 21 existing health profession acts will be consolidated into a single regulatory framework

by the end of 2026. This strategic move aims to streamline governance and enhance consistency of health service delivery across Nova Scotia.

Some regulators, like the NSCN and the Midwifery Regulatory Council of Nova Scotia (MRCNS), have already had brief discussions on the subject after receiving official direction by the provincial government to amalgamate as one regulatory body. Smith says that both Colleges are committed to bringing their collective 130 years of regulatory experience to the table and making their amalgamation successful.

“The time ahead will be leveraged to determine next steps, what this means to the public, our combined registrants and to each of our regulatory bodies,” Smith says. “This government has demonstrated they value consistency with respect to regulation and the Board and staff of NSCN and MRCNS look forward to delivering this to the public.”

Official GTA photographer for The Registrar Magazine.

Communications Corner

STRATEGIC SOCIAL MEDIA

Essential for effective regulatory communications

Collette Deschenes

When it comes to effective regulatory communications, engaging with your audiences (stakeholders) through a variety of communication channels isn’t just beneficial; it’s essential .

Here’s where social media comes into play. Social media platforms are an efficient communication channel for regulatory bodies to engage with key audiences including registrants, applicants, students, employers, and the public. If it’s used strategically, social media can also be an effective and impactful channel to educate, inform and encourage your audiences to act.

Is your organization aiming to start socials, expand or enhance your presence? Are you wondering where to start? The key consideration is always strategy.

Your organization is likely managing multiple communication priorities as you aim to build and maintain trust and transparency. You don’t want to simply put content out there on social media and see what sticks. Instead, you want your efforts to be:

• Purposeful : Every post should have a clear objective

and contribute to the regulator’s larger strategic goals.

• Measurable: Aim to consistently evaluate the effectiveness of your organization’s social media activities.

Start by planning before implementing. The preparation phase is crucial as it sets the foundation for how you’ll disseminate key messages on social media. Again, you want your messages to be impactful and delivered with purpose.

Optimizing your organization’s socials

If you’re looking to optimize your organization’s existing social media presence, start by reviewing your current efforts.

Conduct a social media audit to examine and evaluate the effectiveness of your socials, your reach and how your efforts align with overall organizational strategic goals. Aim to look at your current social media profiles,

including any active or inactive accounts, to ensure they are still relevant platforms and align with your organization’s role as a regulator.

As you review, you’ll want to take a deeper dive into understanding your audience demographics. For example, if your organization uses socials primarily to communicate with registrants, assess your social presence in comparison with registrant demographics. Take a broad look at how your organization compares to other regulatory bodies both in and outside of the profession your organization regulates.

Thoroughly review social media performance metrics. This data provides insights you’re your organization’s best performing platforms and content as you look for areas to improve and enhance your social media presence.

Through your social media audit, you’ll identify your social media strengths, possible gaps and opportunities to improve. This information is key as you develop a relevant social strategy.

Leveraging social listening

Social listening should be an integral part of your social media strategy. It allows you to monitor and analyze conversations around specific topics, keywords, competitors, or even your organization itself. Your organization can gain invaluable insights that lead to more informed decision-making and strategic planning. This not only helps in managing your reputation but also enhances engagement by tailoring your communications to meet the real and current needs of your audiences.

Start now, not later

It's no secret that communication is rapidly evolving, with digital and social media at the forefront, reshaping

how we connect, engage, and inform. Digital-first communication reflects the continuous changes in expectations particularly among younger demographics.

If your organization is aiming to establish a social presence, there’s no better time than now. Strategic socials will set yourself up for success, ensuring that your regulatory communications are not only heard but are also impactful and responsive to the needs of today’s digital-first audience.

As you look ahead, remember that the digital transformation journey in communication is continuous, and starting with a robust strategy today will better prepare your organization for the challenges and opportunities of tomorrow.

Interested in elevating your organization’s social media presence? Connect with me at collette@mdrstrategy.ca.

At MDR, our team of regulatory communication professionals specializes in refining your strategic social media efforts and supporting your social listening. From initial development to final deployment, we’re committed to ensuring your communications are delivered with clear intent and measurable impact. Join other regulators who choose the MDR solution to deliver their messages with meaning and purpose.

www.mdrstrategy.ca

" Ultimately, you have to embrace changes and have a public and consumer vision to ensure that, as operators, we are doing what needs to be done."

– Maureen Harquail

Maureen Harquail, CEO and Registrar, Ontario Motor Vehicle Industry Council

STEERING ADVANCEMENTS IN THE AUTOMOTIVE RETAIL SECTOR

Meet the Ontario Motor Vehicle Industry Council’s CEO and Registrar, Maureen Harquail

The Registrar staff

In Ontario's vibrant motor vehicle sales marketplace, buyers with diverse needs shop from one dealer to another, navigating through a landscape rich with nuance.

To ensure consumers are well-protected and informed of their rights through their purchasing journey, the Ontario Motor Vehicle Industry Council (OMVIC) oversees the activities of all provincial dealers and salespersons. This government-delegated administrative authority has undergone several transformations as part of its modernization journey in recent years to keep up with the evolving marketplace, all of which

have instilled a great sense of confidence for consumers and dealers alike.

At the forefront of this transformation stands CEO and Registrar, Maureen Harquail, KC, MPA, ICD.D. With over 20 years of leadership and a commitment to consumer protection, she has elevated this regulator's presence and reputation.

“For OMVIC, it has been a long and steady journey,” Harquail says. “Ultimately, you have to embrace changes and have a public and consumer vision to ensure that, as operators, we are doing what needs to be done.”

"As

a regulator, we oversee over 8,000 dealers and 30,000 salespeople involved in motor vehicle sales in Ontario."

– Maureen Harquail

Professional start

Harquail’s career in licensing and professional regulation began after gaining extensive experience in the legal profession.

After earning her honours Bachelor of Laws from the University of Wales, Cardiff Law School, she embarked on her professional journey as a practising lawyer in Alberta. Her work quickly steered her toward environmental law, and she joined Alberta’s Department of Justice as a barrister and solicitor, special prosecutions liaison in 1996.

Harquail’s work in environmental law exposed her to regulatory nuances of the legislation, which she immensely enjoyed. “After I left the provincial Department of Justice, I became a prosecutor with the federal Department of Justice

responsible for environmental and regulatory prosecutions,” she says. “I eventually came back to Ontario, where I was raised, to work as General Counsel and Chief Administrative Officer for the Ontario Racing Commission, which showed me the day-to-day requirements and obligations of a regulator.”

Harquail's experience in the horse racing world underscored the importance of integrity and adherence to industry standards. She attributes this understanding as a key factor in joining OMVIC as COO and Deputy Registrar in 2018.

Embracing change

Harquail became OMVIC’s CEO and Registrar in 2022, when modernization efforts were already in full swing. After reviewing recommendations from an external efficiency study, OMVIC in-

OMVIC leadership discussing the matters of the day

corporated several structural improvements into their operations.

“As a regulator, we oversee over 8,000 dealers and 30,000 salespeople involved in motor vehicle sales in Ontario,” Harquail explains. “When the findings from the efficiency study were released in 2018, as well as the Auditor General of Ontario’s Value for Money Audit in 2021, we knew what we had to do to modernize our operations.”

In response to the Auditor General’s report, OMVIC accelerated its strategic plans and successfully implemented 90 per cent of the recommendations directed towards OMVIC alone and fully implemented 81 per cent of the Standing Committee on Public Accounts recommendations specifically directed toward it. Harquail notes that a key improvement was diversifying the composition of its board of directors.

“Historically, we had a board of 12, with nine dealers and three ministerial representatives, which wasn’t a modern governance structure since industry was the majority at the table,” she says. “In 2023, the Minister of Public and Business Service Delivery required OMVIC to decrease its number of board members from twelve to nine, with no more than one-third of board members to be drawn from the motor vehicle industry. OMVIC was required to ensure that all board members possess a positive orientation to proactive consumer protection initiatives and to create an industry advisory council. Now, we have a board of nine total members, comprised of three members from industry, three ministerial appointees, and three public members. This was incredibly important for me as CEO, as a streamlined approach with a public and consumer vision ensures that we as the operators are doing what needs to get done.”

Harquail emphasizes OMVIC's other proactive enhancements including a comprehensive digital overhaul that introduced a new user-friendly website and a customer relationship management (CRM) system.

The Consumer Automotive Regulatory System (CARS), OMVIC's new CRM, boosts departmental efficiency significantly. Harquail notes that this key advancement not only expedites reporting and application processes but also enhances support and interaction with dealers, salespersons, and consumers.

Additionally, the appointment of the regulator's first Chief Consumer Protection Officer and an updated registrant fee structure helped mark a key step in upholding the regulator's mission to protect Ontarians, Harquail explains.

Consumer protection first

Above all, Harquail emphasizes the importance of maintaining a steadfast focus on safeguarding consumers as they make their second largest purchase.

“Consumer protection and enhancing registrant professionalism are our top priorities,” Harquail says. “It’s so important for all of us at OMVIC that we support the consumers of Ontario. Despite the challenges in this constantly changing industry, it’s critical that we quickly and efficiently inform consumers about all protections available to them if they choose to purchase a

Maureen Harquail, CEO and Registrar, Ontario Motor Vehicle Industry Council

“To become a leading regulator, we’ve spent the last six years laying the foundation for our future to make a difference on the consumer protection side"

– Maureen Harquail vehicle.”

Harquail details OMVIC’s day-to-day and multifaceted approach to fulfill their consumer protection mandate which includes using TV, podcasts, paid media and social media campaigns and mystery shopping programs. These mystery shop programs are specifically designed to ensure dealers comply with regulations concerning all-in price advertising, with more detailed follow-ups carried out for those who don’t comply.

Harquail notes that in some instances, OMVIC’s Motor Vehicle Dealers Compensation Fund (MVDCF) may offer reimbursement to consumers who have verifiably suffered financial loss from a motor vehicle purchase, lease, or consignment transaction. Last year, the MVDCF assisted 128 consumers and provided over $800,000 in compensation.

Leadership in enforcement

OMVIC’s enforcement division actively collaborates with provincial and federal agencies to protect consumers from deceptive sales tactics. In 2023, 2,471 inspections were conducted, which resulted in 1,595 charges laid. Harquail says that OMVIC goes above and beyond in its enforcement efforts to protect car buyers from illegality during the car purchasing process.

The regulator has collaborated with organizations such as Toronto Crime Stoppers to combat various underhanded activities, including illegal motor vehicle

sales, theft, and RE-VINing, which refers to fraudulently changing a vehicle’s Vehicle Identification Number (VIN) and switching it with another VIN to create a false vehicle identity.

“In February, the federal government held the National Summit on Combatting Auto Theft, and we had a seat at the table to provide significant suggestions on what can be done from a federal perspective,” Harquail says. “We’ve continued to communicate and share fraud reduction ideas with the Minister of Transportation and other provincial ministries that can really change their processes, so that fraudsters are limited in their ability to illegally transfer vehicles.”

Confidence in regulatory influence

Harquail acknowledges that consumers who aren’t in an immediate rush to buy a car may not be aware of the regulator’s presence. Nevertheless, she notes that it’s crucial for OMVIC to stay top-of-mind as the go-to resource for future car buyers. Every year, OMVIC conducts market research on how both first-time and seasoned car buyers gather information so that OMVIC understands how they can protect and educate consumers.

“We do this to discover what sort of impact we’ve had annually with everyone across the province, which allows us to review how people are receiving our messages as a regulator,” Harquail says. “The question then becomes: how do we engage with people in their daily lives when they are beginning the car-buying

process? Just over the last year, we’ve seen an increase in consumer awareness of OMVIC, as well as an increase in the awareness of the all-in-price advertising laws that protects consumers. This has us excited about what we have planned to strategically enhance consumer awareness and continually reach those individuals.”

Reflecting on the recent past, Harquail describes 2023 as a transformative and foundational year for OMVIC. She anticipates that the next five to ten years will showcase the effectiveness of the regulator’s advancements.

“To become a leading regulator, we’ve spent the last six years laying the foundation for our future to make a difference on the consumer protection side,” she says. “We are now there and our next step as an organization is to develop and implement our strategic goals, following the planning process.”

Looking to the remainder of 2024 and ahead to 2025, Harquail says she remains most excited about anticipated regulatory changes. In April 2024, the Ministry of Public and Business Service Delivery (ministry) opened a consultation to consider potential changes to modernize the Motor Vehicle Dealers Act, 2002. If implemented, these changes would reduce regulatory burden, improve OMVIC’s regulatory efficiency, enhance consumer protection, and address other sector-specific issues.

A passionate advocate for continuing education, she’s also cautiously optimistic about the proposal for the development of a Continuing Professional Development (CPD) program with the goal of enhancing professionalism in the industry and making registrants more accountable. The ministry is proposing to require all registrants under the MVDA to complete mandatory continuing education prior to applying to renew their registration. In British Columbia, the Vehicle Sales Authority requires all licensees to take mandatory continuing education courses. In Ontario, several other regulated sectors require registrants to complete continuing education courses as a condition of renewing

their registration.

“The industry as a whole has an image problem, and while a CPD program will not solve every image issue, this can go a long way in changing the industry and go a long way in improving the perception of it,” Harquail expresses. “There are other key regulatory changes that can make a big difference to consumers in Ontario, and I look forward to embracing them.”

OMVIC Chief Consumer Protection Officer, Jeff Donnelly and OMVIC CEO and Registrar, Maureen Harquail

Investigator Insights

BEYOND THE BASICS

Advancing practices in regulatory investigations

Dean Benard, President and CEO Benard + Associates

In recent years, the landscape of professional regulatory investigations has experienced profound changes. Factors such as increased complexity, higher caseloads, heightened resistance to cooperation, and evolving expectations from involved parties have collectively intensified the challenges faced by regulatory bodies and their investigators. Consequently, navigating this increasingly demanding environment requires the adoption of new strategies and approaches. Central to this adaptation is a steadfast commitment to rigorously adhering to updated best practices.

So, with all this in mind, what are the ingredients to a good investigation? First, I want to take a closer

look at the challenges, then I’ll get into the solutions, and answer this question.

Increased complexity

The complexity of cases in professional regulatory investigations has escalated, fueled by a variety of factors including complaints involving aged issues, where faded memories are more common, or information is harder to obtain, such as unavailable documents, or witnesses that must be located. Greater prevalence of multifaceted matters including, crossover of conduct and practice related concerns, interdisciplinary issues involving members of multiple professions, the continuous

Dean Benard, President and CEO, Benard + Associates

evolution of professionals’ scope of practice, and parallel criminal or employment investigations all increase the challenges posed to investigators. These complexities demand that investigators possess specialized knowledge and skills to decipher and address the multifaceted issues they face, resulting in each case taking more effort and more time to complete.

Higher caseloads

Alongside increasing complexity is a noticeable increase in the volume of cases needing attention. This surge can be attributed to greater public awareness of regulatory complaints processes, and heightened expectations of accountability in professional practices. The growing number of cases places additional pressure on investigative teams to manage their resources efficiently and prioritize cases effectively to maintain the integrity and timeliness of investigations.

Heightened resistance to cooperation

In today’s digital age, while obtaining information has become more accessible in some ways, it has also introduced new challenges. Privacy concerns, cybersecurity risks, and the sheer volume of data can impede timely access to necessary information. Additionally, regula-

tory investigators often face legal and procedural hurdles that can delay or restrict access to critical data needed for thorough investigations. Investigators are increasingly confronted with various forms of non-compliance that require a deeper understanding of technical and legal nuances. In contrast they also face the uninformed refusals to comply based on misunderstandings of professionals’ governing legislation and privacy legislation. Again, this necessitates additional efforts to overcome opposition such as more frequent and deeper use of formal powers of investigation. Where these powers don’t exist or where they fail, means the investigator will need to find creative ways around the issue or sometimes proceed without some information.

What makes a good investigation?

The first consideration here should be to define what constitutes a “good investigation.” Presumably most people would agree on the following characteristics of a good investigation:

• Clear procedures that ensure consistency, fairness, and neutrality

• Open communication that explains process and addresses questions

• Thorough evidence collection

• Adherence to legal and ethical standards

Privacy concerns, cybersecurity risks, and the sheer volume of data can impede timely access to necessary information.

• Well documented investigation file and a clear and neutral report

• Trauma / human informed processes applied throughout the process

• Completed in a timely and efficient manner

All the above will not be achieved by simply following a process. There are many nuances to this work that require an ability to apply a wide range of skills, and knowledge, sometimes at a moment’s notice. Add to this the range of challenges outlined above, and the common collective answer is to say, “We need to apply best practices.” But what are best practices, and who decides on that?

Understanding the role of the investigator

It is essential for investigators to clearly understand their role within the regulatory framework. This understanding helps prevent overstepping boundaries and ensures that investigations are conducted impartially and professionally. One area where investigators can easily overstep is when they offer opinions or conclusions related to the information they gather. With few exceptions, regulatory investigators are fact finders, not decision makers. The concept of credibility assessment is a good example of this. Regulatory investigators can and should assess credibility for the limited use of determining other investigative steps. The idea that the investigator should comment on credibility even in the classic “he said she said” scenario, is incorrect. Under a regulatory mandate the only place credibility assessment should be happening as a determinant of a case is in a hearing. Pointing out conflicting information is fine, but determining what information should be given more weight, is not the job of the investigator in a regulatory investigation. Investigators must stay in their lane.

Carefully plan investigations

Effective planning has become more essential than ever. This involves setting clear objectives, defining the scope of the investigation, and allocating resources strategically. Planning helps investigators manage large volumes of cases and complex issues more efficiently, ensuring that each step of the investigation is targeted and effective. The plan is a living document that investigators should add and subtract from as the case progresses.

Paying attention to details

One of the biggest flaws in any investigation is the failure of an investigator to peel back the layers of the onion. Investigators ask questions and each answer will typically lead to more questions. When investigators avoid the follow up questions or fail to go deep enough, they miss the full story. Here is an example:

• Witness: “He always cuts corners.”

• Investigator: “What do you mean when you say cuts corners?”

• Witness: “You know, he doesn’t follow protocol.”

• Investigator: “What parts of the protocol does he not follow?”

• Witness: “He’s lazy.”

• Investigator: “Can you explain what you mean when you say he’s lazy?”

• Witness: “Well, he doesn’t do things properly.”

• Investigator: “Right, yes, you said he cuts corners. Can you help me understand the specific things he does that lead you to believe that?”

….and it goes on

This is simplistic example, but in cases involving sexual or physical abuse by a healthcare provider or a serious fraud allegation against a financial advisor, the level of detail is critical to getting ALL the information required. I have seen sexual abuse investigations where

the information gathered does not even include a clear statement by anyone on what specifically happened.

Overlooking or misinterpreting even a small piece of evidence can lead to insufficient information for the decision maker to draw correct conclusions. Meticulousness ensures accuracy and comprehensiveness in gathering and analyzing evidence is critical.

Understanding and implementing powers of investigation

Investigators must have a thorough understanding of their legal powers and the ethical implications of their investigative practices. This knowledge ensures that investigations are conducted within legal boundaries and that the rights of all parties are respected.

Using trauma-informed approaches

Adopting trauma-informed approaches enhances the investigation process and can help the emotional and psychological states of those involved. This approach not only facilitates more effective communication but also enhances the reliability of the information gathered. Trauma has an impact on memory, emotional responses, a sense of safety and security, and trust in the process and the investigator. In addition, the lived experiences of many marginalized groups lead to many of these impacts.

We must earn their trust by applying an approach that includes empathy, and avoidance of re-traumatizing and re-victimizing those we deal with. Even when the investigation is thought to have been thorough and complete, the feelings of those involved will typically overshadow the outcome.

Pointing out conflicting information is fine, but determining what information should be given more weight, is not the job of the investigator in a regulatory investigation. Investigators must stay in their lane.

REGULATORYJOBS

EXECUTIVE RECRUITMENT

RegulatoryJobs Executive Recruitment supports Canadian regulatory bodies with complex search processes to retain senior members of leadership teams. A service by MDR Strategy Group Ltd., we provide our clients with innovative search and selection methodologies tailored to respond to their strategic priorities.

Our success is based on our unmatched sector expertise, our reputation for service excellence, and the confidence we instill in our clients by knowing their work and challenges to identify the right talent.

REVOLUTIONIZING REGULATORY RECRUITMENT IN CANADA AND ABROAD

MDR Strategy Group Ltd., the Halifax and Toronto-based firm driven by its passion for and commitment to consumer and patient protection and regulatory excellence has been transforming regulatory communications and recruitment since 2017.

Earlier this year, the MDR team launched a worldwide, online hub of opportunities in licensing and professional regulation: RegulatoryJobs.org.

RegulatoryJobs.org is the latest evolution of RegulatoryJobs.ca, the site that became Canada’s go-to for em-

ployment opportunities in the regulatory sector, along with its complementary service - RegulatoryJobs Executive Recruitment - to the enthusiastic response of regulators.

Excellence in executive recruitment

MDR’s RegulatoryJobs Executive Recruitment service supports Canadian regulators with search processes, ranging from straightforward to complex, to retain managers and senior members of leadership teams. It has already proven to be effectively suited for leadership roles including Chief Executive Officers, Executive Directors, Registrars, Deputy Registrars, and senior legal, finance, investigator, communications, and human resources roles.

MDR's unmatched network and depth of relationships in the regulatory sector, coupled with their experience and success running RegulatoryJobs.ca (and now RegulatoryJobs.org with its new set of bells and whistles) are key aspects that make the service notable. The new platform provides a clear strategic advantage to clients seeking top regulatory talent for their organization.

The people behind the

service

The RegulatoryJobs Executive Re-

cruitment team, led by MDR Strategy’s CEO Daniel Roukema, has unmatched dedication and experience in the regulatory sector. The team has an extensive network and pool of applicants within the sector, supported by a deep understanding of regulatory roles and the required skills to carry them out. Executive Recruitment Lead, Robin Harding, a member of the Human Resources Professionals Association (HRPA) and Certified Human Resources Leader (CHRL), brings her deep expertise in Human Resources Management and more than 25 years of experience recruiting for non-profit, private, and public-sector organizations to the service.

“Since we launched the first iteration of the RegulatoryJobs site, recruiters across the country have reached out to us for regulatory recruitment advice, clearly signaling the need for expertise in this unique sector, and I am thrilled we are now filling the gap with our RegulatoryJobs Executive Recruitment service,” says Daniel Roukema, CEO of MDR Strategy Group. “Our friends and colleagues in the sector can continue to count on us as they have for organizational leadership and communications expertise, and now for executive recruitment.”

Interested in learning how RegulatoryJobs.org and RegulatoryJobs Executive Recruitment can benefit you? Contact us today.

CLEAR Events

A LOOK AHEAD TO VANCOUVER AND BALTIMORE

The Council on Licensure, Enforcement and Regulation (CLEAR) continues to develop innovative programming for regulatory stakeholders from across the globe. CLEAR’s Regional Symposium series returned to Canada earlier this month with a program in Toronto, and will be in Vancouver on June 17 to present “Navigating Change – Empower Regulatory Leaders for Seamless Transitions.” The Toronto program welcomed over 70 regulators from Canada and the United States, where current and former registrars shared their diverse experiences both transitioning into and out of their respective leadership roles.

The Vancouver Symposium agenda will highlight a different aspect of leadership changes, particularly how organizations on the whole can develop a culture and processes that empower both leaders and their staff to embrace change. In addition to examining what change management really means and looks like, the program will highlight the importance of maintaining a human-centered approach – fostering empathy, compassion, and transparency – to these transitions, and a panel discussion on how several colleges have navigated

legislative changes that directly impacted their structure and leadership.

CLEAR is excited to welcome attendees to Baltimore, Maryland for the 44th Annual Educational Conference, September 16-19. The conference will open with a keynote presentation from Jayde Fuller, recipient of the 2023 CLEAR Regulatory Excellence Award (Team), along with her colleagues at the Australian Health Practitioner Regulation Agency’s Aboriginal and Torres Strait Islander Health Strategy Unit. Ms. Fuller will address the role of regulators in employing anti-racism approaches globally, highlighting the legislative and regulatory changes taking place in Australia to create a more inclusive, equitable, and culturally safe healthcare system.

The conference will also build on the overwhelming response to its 2024 Winter Symposium on artificial intelligence and the ongoing discussions regarding AI's utility and its potential impact on regulation and the professions. As part of this effort, CLEAR is excited to welcome technology expert Beth Ziesenis to present a

“Technology Plenary” on the challenges and opportunities of AI. Beth’s engaging session will cover the types of AI tools currently available, the ethics of utilizing AI in your work, and the impact of these tools on how we work.

In addition to Beth Z’s plenary, the program features a variety of AI-focused breakout sessions across all four conference tracks (Regulatory Administration & Governance; Compliance, Discipline & Enforcement; Entry to Practice Standards & Continuing Competency; and Testing & Examinations). Other key themes in this year’s program include workforce mobility and innovations in supporting international applicants and licensees, incorporating and assessing DE&I in regulated professions and regulatory processes, and the importance of kindness and compassion in all stages of our work.

The conference will also feature a Poster Session, highlighting innovative work and research in the regulatory world. Be sure to stay to the end for the perennial favor-

ite closing plenary, “Setting Precedents: The Top Ten Recent Cases You Need to Know About,” with new legal cases from across the globe that provide the most recent word on issues of importance to regulators.

More information about the Regional Symposia, Annual Educational Conference, and other upcoming programs can be found on CLEAR’s website.

Monday, September 16, 2024 to Thursday, September 19, 2024

Marriott Baltimore Waterfront

2024 Annual Educational Conference - Baltimore

June 17, 2024 June 17, 2024

CLEAR: MAY 2024, TORONTO

The Registrant

TRAUMA-INFORMED JURISPRUDENCE

Myrna McCallum's unconditional commitment to advocacy and empowerment in law

Damian Ali

[Content/trigger warning: The following article includes discussions on trauma, systemic discrimination and racism. Readers are encouraged to seek support if needed.]

For Myrna McCallum, founding lawyer of Miyo Pimatisiwin Legal Services in North Vancouver, navigating the legal profession is about more than just practicing law—it's about centering safety and understanding in her approach as a regulated professional.

“I think for those who want to bring in trauma-informed principles to their practice, you have to be malleable,” she explains. “If we want to be human-centred, we must ask questions, actively listen, and adapt our practices to meet people where they are in more ways than one.”

Discovering her legal calling

Raised in Treaty Six territory in northern Saskatchewan, McCallum grew up in an environment rife with uncertainty. As a former student of an Indian Residential School, she found it challenging to cope with the violence and lack of safety that dominated her childhood.

Despite her challenging upbringing, Myrna was determined to pursue a career in law, focusing on advocating for Indigenous communities and victims of violence. She remembers being captivated by the portrayal of lawyers in the media

Myrna McCallum, Miyo Pimatisiwin Legal Services

during her teenage years. These legal professionals seemed powerful and detached from emotional situations, an image that strongly appealed to McCallum at the time.

To escape her turbulent surroundings, she embarked on the path to becoming a lawyer. McCallum explains that initially, she was unsure about the approach she would take to cultivate a sense of safety and empowerment through her legal practice. “Part of why I went to law school and chose to become a lawyer was because I thought building this life for myself would help me avoid addressing what I lived through,” she says. “I didn’t have to deal with or heal my trauma, as I could live this very disconnected life.”

Myrna was called to the bar in 2007, having graduated from the University of British Columbia’s Peter A. Allard School of Law in 2005. She began her career in criminal law, where she encountered disconcerting realities in the courtroom, including frequent cases involving sexual violence and abuse. This exposure significantly reignited her own traumatic experiences. However, her perspective and practice began to shift after meeting a young boy who was also a victim.

“I saw a lot of me in him and I knew I couldn’t harm him the way I think I was harming witnesses in my transactional, ‘facts only’ way of lawyering,” McCallum says. “I shifted, got in touch with my own humanity, and transformed my practice as a result.”

A ‘do-no-further-harm’ approach

McCallum’s approach to navigating society and the legal profession is distinct, due to her Métis-Cree heritage. She was raised in the northern village of Green Lake Saskatchewan and she became a member of her grandmother’s First Nation, Waterhen

Lake, in 2011. Her roles as a Crown prosecutor and later as an adjudicator in Indian Residential School hearings required her to conform to the Canadian justice system, a system she found often perpetuated harm against her community and others. Reflecting on this time, McCallum notes that many in positions of power inflicted harm on her community and other communities of brown and Black people.

“I wasn’t actually fueling any transformation because I was upholding a very colonial mandate, and was just another brown face doing that historically, white-privileged job,” she explains. “I decided that if I could help these people become more self-reflective, and understand racial traumas, then they will do less harm to those who look like me.”

Continuous improvement in regulation

McCallum’s passion for human rights and ‘do-nofurther-harm’ approach to legal practice led her to advocate strongly for trauma-informed practices. She explains how a trauma-informed practice can be impactful in the regulatory sector.

“Just the subject of trauma in the last four years has shown that people are curious about how this term affects their lives or practice,” McCallum says. “To me, being trauma-informed is about prioritizing personal agency and creating experiences that are welcoming and inclusive, but also to challenge processes. Being adaptable and transparent, making spaces for people to ask questions and recognizing each individual’s background and behaviours is crucial.”

McCallum’s expertise has assisted regulators to integrate trauma-informed practice. She provides specialized training sessions on cultural humility and trauma-informed practices to various regulatory bodies, including the British Columbia College of

Nurses and Midwives (BCCNM) and the College of Physicians and Surgeons of Ontario (CPSO). While acknowledging the rigidity often inherent in regulatory practices, she underscores the significance of ongoing improvement.

McCallum emphasizes the necessity for regulatory bodies, and all professions, to not only strive for continual enhancement but also to scrutinize existing systems, particularly those that have historically treated individuals in a dehumanizing way in disciplinary hearings or investigations. “We can still reach those standards that we’re required to reach, but in the process level up our competencies to be more humanizing and recognize that we are human beings who bring pain and trauma into these spaces,” she says.

McCallum is a lawyer licensed with the Law Society of British Columbia (LSBC), one of several regulatory bodies that are taking concerted steps to integrate trauma-informed principles into regulation. In 2023, the LSBC approved the Indigenous Engagement in Regulatory Matters (IERM) report and recommendations which aimed to identify systemic barriers experienced by Indigenous complainants and witnesses, recommend proposed solutions, and establish culturally safe and trauma-informed regulatory processes. The LSBC has since introduced a new Indigenous Navigator role to support trauma-informed processes, to create safe spaces for Indigenous people and communities within the organization and legal profession.

es and expertise in her award-winning podcast, 'The Trauma-Informed Lawyer.' She initiated the podcast as a passion project at the height of the COVID-19 pandemic. With her background in delivering keynotes on trauma in legal contexts, she aimed to assist local lawyers by introducing them to the principles of trauma-informed practice

“The podcast’s reach went global after doing an episode with Dr. Gabor Maté, an acclaimed author and leading expert on addiction and trauma,” McCallum says. “What I really found satisfying was that it wasn’t just lawyers listening to this podcast. Other professionals like doctors, social workers, and teachers have all reached out letting me know they have used these principles in some way.”

She continues to make strides at the local, provincial, and national levels, having recently hosted ‘Justice as Trauma,’ her first interdisciplinary conference at the Vancouver Convention Centre, and is currently conceptualizing her book on becoming the trauma-informed lawyer.

Reflecting on her own difficult past and overcoming feelings of disassociation, McCallum encourages all professionals to prioritize the value of bringing psychological safety to their practice. “Everyone needs safety, since anyone can arrive in survival mode,” McCallum says. “If you can identify when someone is in this state and take the appropriate steps to become emotionally self-regulated, you can then perform in an empathetic and just manner.”

The Trauma-Informed Lawyer

McCallum continues to leverage her lived experienc-

Connect with Myrna on her website, and listen to The Trauma-Informed Lawyer Podcast .

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