The Registrar Magazine - Issue 11 - Spring 2024

Issue 11 Spring 2024

STEERING ADVANCEMENTS IN THE AUTOMOTIVE RETAIL SECTOR Meet the Ontario Motor Vehicle Industry Council’s CEO and Registrar, Maureen Harquail

LEGISLATION Nova Scotia’s new Regulated Health Professions Act COMMUNICATIONS CORNER Strategic social media THE REGISTRANT Myrna McCallum's unconditional commitment to advocacy and empowerment in law

Issue 11 — Spring 2024 Journalists and Contributors Damian Ali Dean Benard Collette Deschenes M. Daniel Roukema

Canadian Regulatory Guide: The public register of regulatory bodies.

Graphic Designer & Production Manager Allison Wedler Editor in Chief M. Daniel Roukema Photo credits Adobe Stock CLEAR Dragi Andovski MDR Strategy Group Ltd. OMVIC

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Informing the Public

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Promoting Regulators

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 www.mdrstrategy.ca © 2024. All rights reserved 2

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Protecting Canadians

IN THIS ISSUE 4

SEEKING YOUR INPUT

Defining relevance in licensing and professional regulation.

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LEGISLATION

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.

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COVER STORY

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

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INVESTIGATOR INSIGHTS

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

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REVOLUTIONIZING REGULATORY RECRUITMENT

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

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DR 10

CLEAR TORONTO: IN PHOTOS

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

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THE REGISTRANT

Myrna McCallum on integrating trauma-informed practices in regulation.

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DEI Have in Regulation Your Say

WHAT EXACTLY IS RELEVANT REGULATION? Seeking your input Daniel Roukema, CEO

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MDR Strategy Group

n our community, we seek continuous oppor- Regulation), and Deputy Registrar at Ontario's Home tunities to improve approaches to licensing and Construction Regulatory Authority. A person atypically drawn to rules and structure (though I admittedprofessional regulation. ly am great at breaking them), the idea of relevance in Over the past ten years, we have all become familiar regulation, which I first interpreted as the rules for with terms like openness and transparency, diversity, rules, struck an unusually exciting chord with me. equity, and inclusion, as well as modernizing regulation. These are all terms and considerations that I've done a lot of thinking about it, asked Spector his leadership teams across Canada, the US, and around thoughts, and listened to explanations from other the world have taken hold of and oftentimes entrench sector leaders in Canada and around the world. In into strategic priorities and plans seeking ways to be- terms of publications and academic research, only the European Commission has volumes of information come fairer but more accountable authorities. on relevant regulation, but I find their term simply For the past year, I've been very interested in "rele- synonymous with being responsible. Other definivant regulation," a term I first began paying attention tions are strangely irrelevant to our context. to when listening to Marc Spector, current President of CLEAR (Council on Licensure, Enforcement, and Based on my understanding, relevant regulation re-

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fers to regulatory bodies having a proactive and mean- 5. Regulators understand and embrace the merits of diingful impact on the lives of others. That occurs when: versity and equity. A one-size-fits-all approach to regulation is ineffective, so regulators adapt and become more accommodating to registrants and the public.

1. Regulators listen to understand their registrants' needs and permit greater transparency in the regu6. There is a need for regulators to evaluate their impact lation process. on the public they protect, especially the most vulnerable.

2. Regulators are open with the public, their registrants, and other stakeholders and can be counted on to be So, I'm asking you to join me in creating a peer-genhonest. erated definition of relevant regulation. Please provide 3. The public and registrants can rely on the regulator your comments by clicking on the link below. We will for accurate and timely information, assistance, and compile the feedback, share the outcomes, and attempt justice, most importantly when they are most vulner- to create a working definition. able.

Let's join forces and define this!

4. Regulators tremendously influence the professionals they regulate; every type of communication can Click here to access the survey. 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.

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DEILegislation in Regulation

REGULATED HEALTH PROFESSIONS ACT Nova Scotia’s new Regulated Health Professions Act: Impacts and future directions

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Damian Ali

nderstanding 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.

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 This legislation introduces a unified regulatory • update mandates to proactively address misconduct framework aimed at standardizing healthcare across professions, simplifying adaptations to future chang- Health and Wellness Minister Michelle Thompson es for regulated professionals. Review the legislation emphasized in a press release, “This legislation will enhance patient protection and enable professions to swiftly adapt and resolve issues moving forward. We Background are committed to collaborating with healthcare providers to develop tailored regulations under this new act over the next two years.”

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

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Senior Program Lead, Health Profession Regulation, Mark Lucas

fessions can grow with new technol- “This legislation will enhance patient ogy, new education, and better care protection and enable professions to models,” Lucas says. “It eliminates swiftly adapt and resolve issues moving barriers that exist in the 21 current forward." pieces of legislation, improves the - Health and Wellness Minister Michelle model that regulators are operating Thompson 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 al“The roles and practices of the pro- lowing the regulator to demonstrate 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.

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“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 stan- by the end of 2026. This strategic move aims to streamline goverdards.” nance and enhance consistency of “Like Ontario’s College Performance health service delivery across Nova Measurement Framework (CPMF), Scotia. regulators can identify areas of collaboration and help ensure public Some regulators, like the NSCN and confidence in the health system,” the Midwifery Regulatory Council of Nova Scotia (MRCNS), have alhe says. ready had brief discussions on the subject after receiving official direcKey modernization tion by the provincial government legislation to amalgamate as one regulatory body. Smith says that both Colleges are committed to bringing their colThe Act is expected to provide a lective 130 years of regulatory expemodernized system of regulation, rience to the table and making their which offers a more flexible strucamalgamation successful. ture and language of each regulator’s current Act. Sue Smith, CEO “The time ahead will be leveraged and Registrar of the Nova Scotia to determine next steps, what this College of Nursing (NSCN), says means to the public, our combined that the College appreciates how registrants and to each of our regflexible the Act is in relation to the ulatory bodies,” Smith says. “This current Nursing Act. government has demonstrated they value consistency with respect to “The modernized legislation is in regulation and the Board and staff keeping with the flexible structure of NSCN and MRCNS look forward and language of the Nursing Act, to delivering this to the public.” 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

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Official GTA photographer for The Registrar Magazine.

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Communications Corner

STRATEGIC SOCIAL MEDIA Essential for effective regulatory communications

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Collette Deschenes

hen it comes to effective regulatory comand contribute to the regulator’s larger strategic goals. munications, engaging with your audiences (stakeholders) through a variety of com- • Measurable: Aim to consistently evaluate the effectiveness of your organization’s social media activities. munication 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.

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 existYour organization is likely managing multiple commu- ing social media presence, start by reviewing your curnication priorities as you aim to build and maintain rent efforts. trust and transparency. You don’t want to simply put content out there on social media and see what sticks. Conduct a social media audit to examine and evaluate the effectiveness of your socials, your reach and how Instead, you want your efforts to be: your efforts align with overall organizational strategic • Purposeful: Every post should have a clear objective goals. Aim to look at your current social media profiles, 10 THEREGISTRAR.CA

including any active or inactive accounts, to ensure how we connect, engage, and inform. Digital-first comthey are still relevant platforms and align with your or- munication reflects the continuous changes in expectations particularly among younger demographics. ganization’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.

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 Thoroughly review social media performance metrics. starting with a robust strategy today will better prepare This data provides insights you’re your organization’s your organization for the challenges and opportunities best performing platforms and content as you look for of tomorrow. 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.

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

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.

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.

Start now, not later It's no secret that communication is rapidly evolving, with digital and social media at the forefront, reshaping

www.mdrstrategy.ca

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" 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

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Cover Story

Cover Story

STEERING ADVANCEMENTS IN THE AUTOMOTIVE RETAIL SECTOR Meet the Ontario Motor Vehicle Industry Council’s CEO and Registrar, Maureen Harquail The Registrar staff

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n Ontario's vibrant motor vehicle sales marketplace, have instilled a great sense of confidence for consumers buyers with diverse needs shop from one dealer to and dealers alike. another, navigating through a landscape rich with At the forefront of this transformation stands CEO and nuance.

Registrar, Maureen Harquail, KC, MPA, ICD.D. With To ensure consumers are well-protected and informed over 20 years of leadership and a commitment to conof their rights through their purchasing journey, the sumer protection, she has elevated this regulator's presOntario Motor Vehicle Industry Council (OMVIC) ence and reputation. oversees the activities of all provincial dealers and salespersons. This government-delegated administra- “For OMVIC, it has been a long and steady journey,” tive authority has undergone several transformations Harquail says. “Ultimately, you have to embrace changas part of its modernization journey in recent years to es and have a public and consumer vision to ensure that, keep up with the evolving marketplace, all of which as operators, we are doing what needs to be done.”

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Cover Story OMVIC leadership discussing the matters of the day

responsible for environmental and regulatory prosecutions,” she says. “I eventually came back to Ontario, where I was Harquail’s career in licensing and pro- raised, to work as General Counsel and fessional regulation began after gaining Chief Administrative Officer for the On"As a regulator, we oversee extensive experience in the legal profes- tario Racing Commission, which showed over 8,000 dealers and sion. me the day-to-day requirements and ob30,000 salespeople involved ligations of a regulator.” in motor vehicle sales in After earning her honours Bachelor of Ontario." Laws from the University of Wales, Car- Harquail's experience in the horse racing – Maureen Harquail diff Law School, she embarked on her world underscored the importance of inprofessional journey as a practising law- tegrity and adherence to industry stanyer in Alberta. Her work quickly steered dards. She attributes this understanding her toward environmental law, and she as a key factor in joining OMVIC as joined Alberta’s Department of Justice as COO and Deputy Registrar in 2018.

Professional start

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 14 THEREGISTRAR.CA

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-

Cover Story

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.

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

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.

“Historically, we had a board of 12, with nine dealers and three ministerial representatives, which wasn’t a Additionally, the appointment of the regulator's first modern governance structure since industry was the Chief Consumer Protection Officer and an updated majority at the table,” she says. “In 2023, the Minister of registrant fee structure helped mark a key step in upPublic and Business Service Delivery required OMVIC holding the regulator's mission to protect Ontarians, to decrease its number of board members from twelve Harquail explains. to nine, with no more than one-third of board members to be drawn from the motor vehicle industry. OMVIC Consumer protection first was required to ensure that all board members possess a positive orientation to proactive consumer protection initiatives and to create an industry advisory council. Above all, Harquail emphasizes the importance of Now, we have a board of nine total members, comprised maintaining a steadfast focus on safeguarding consumof three members from industry, three ministerial ap- ers as they make their second largest purchase. pointees, and three public members. This was incredibly important for me as CEO, as a streamlined approach “Consumer protection and enhancing registrant prowith a public and consumer vision ensures that we as fessionalism are our top priorities,” Harquail says. “It’s the operators are doing what needs to get done.” so important for all of us at OMVIC that we support 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 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 THEREGISTRAR.CA

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Cover Story

vehicle.”

sales, theft, and RE-VINing, which refers to fraudulently changing a vehicle’s Harquail details OMVIC’s day-to-day Vehicle Identification Number (VIN) and multifaceted approach to fulfill their and switching it with another VIN to consumer protection mandate which in- create a false vehicle identity. cludes using TV, podcasts, paid media and social media campaigns and mystery “In February, the federal government held shopping programs. These mystery shop the National Summit on Combatting programs are specifically designed to Auto Theft, and we had a seat at the taensure dealers comply with regulations ble to provide significant suggestions on concerning all-in price advertising, with what can be done from a federal perspecmore detailed follow-ups carried out for tive,” Harquail says. “We’ve continued to those who don’t comply. communicate and share fraud reduction ideas with the Minister of TransportaHarquail notes that in some instances, tion and other provincial ministries that OMVIC’s Motor Vehicle Dealers Com- can really change their processes, so that pensation Fund (MVDCF) may offer fraudsters are limited in their ability to “To become a leading reimbursement to consumers who have illegally transfer vehicles.” regulator, we’ve spent the verifiably suffered financial loss from a last six years laying the motor vehicle purchase, lease, or consignfoundation for our future Confidence in regulatory ment transaction. Last year, the MVDto make a difference on the influence CF assisted 128 consumers and provided consumer protection side" over $800,000 in compensation.

– Maureen Harquail

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Harquail acknowledges that consumers Leadership in enforcement 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 OMVIC’s enforcement division actively crucial for OMVIC to stay top-of-mind collaborates with provincial and feder- as the go-to resource for future car buyal agencies to protect consumers from ers. Every year, OMVIC conducts market deceptive sales tactics. In 2023, 2,471 in- research on how both first-time and seaspections were conducted, which result- soned car buyers gather information so ed in 1,595 charges laid. Harquail says that OMVIC understands how they can that OMVIC goes above and beyond protect and educate consumers. in its enforcement efforts to protect car “We do this to discover what sort of imbuyers from illegality during the car pur- pact we’ve had annually with everyone across the province, which allows us to chasing process. review how people are receiving our The regulator has collaborated with or- messages as a regulator,” Harquail says. ganizations such as Toronto Crime Stop- “The question then becomes: how do we pers to combat various underhanded ac- engage with people in their daily lives tivities, including illegal motor vehicle when they are beginning the car-buying

“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

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

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Cover Story

process? Just over the last year, we’ve seen an increase in their registration. consumer awareness of OMVIC, as well as an increase in the awareness of the all-in-price advertising laws that “The industry as a whole has an image problem, and protects consumers. This has us excited about what we while a CPD program will not solve every image issue, have planned to strategically enhance consumer aware- this can go a long way in changing the industry and go a long way in improving the perception of it,” Harquail ness and continually reach those individuals.” expresses. “There are other key regulatory changes that Reflecting on the recent past, Harquail describes 2023 can make a big difference to consumers in Ontario, and as a transformative and foundational year for OMVIC. I look forward to embracing them.”

She anticipates that the next five to ten years will showcase the effectiveness of the regulator’s advancements.

Investigator Insights

BEYOND THE BASICS Advancing practices in regulatory investigations Dean Benard, President and CEO Benard + Associates

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Dean Benard, President and CEO, Benard + Associates

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n 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.

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 So, with all this in mind, what are related concerns, interdisciplinary the ingredients to a good investiga- issues involving members of multion? First, I want to take a closer tiple professions, the continuous

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.

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.

Higher caseloads Again, this necessitates additional efforts to overcome opposition such Privacy concerns, cybersecurity risks, and Alongside increasing complexity is as more frequent and deeper use the sheer volume of data can impede a noticeable increase in the volume of formal powers of investigation. timely access to necessary information. of cases needing attention. This Where these powers don’t exist or surge can be attributed to greater where they fail, means the investipublic awareness of regulatory com- gator will need to find creative ways plaints processes, and heightened around the issue or sometimes proexpectations of accountability in ceed without some information. professional practices. The growing number of cases places additional What makes a good pressure on investigative teams to investigation? manage their resources efficiently and prioritize cases effectively to maintain the integrity and timeli- The first consideration here should ness of investigations. be to define what constitutes a

Heightened resistance to cooperation

“good investigation.” Presumably most people would agree on the following characteristics of a good investigation:

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-

• 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 THEREGISTRAR.CA

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• Well documented investigation file and a clear and Carefully plan investigations neutral report • Trauma / human informed processes applied throughEffective planning has become more essential than ever. out the process This involves setting clear objectives, defining the scope • Completed in a timely and efficient manner of the investigation, and allocating resources strategicalAll the above will not be achieved by simply following ly. Planning helps investigators manage large volumes a process. There are many nuances to this work that of cases and complex issues more efficiently, ensuring require an ability to apply a wide range of skills, and that each step of the investigation is targeted and effecknowledge, sometimes at a moment’s notice. Add to tive. The plan is a living document that investigators this the range of challenges outlined above, and the should add and subtract from as the case progresses. common collective answer is to say, “We need to apply best practices.” But what are best practices, and who decides on that?

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 It is essential for investigators to clearly understand avoid the follow up questions or fail to go deep enough, their role within the regulatory framework. This un- they miss the full story. Here is an example: derstanding helps prevent overstepping boundaries and ensures that investigations are conducted impartially • Witness: “He always cuts corners.” and professionally. One area where investigators can • Investigator: “What do you mean when you say cuts corners?” easily overstep is when they offer opinions or conclusions related to the information they gather. With few • Witness: “You know, he doesn’t follow protocol.” exceptions, regulatory investigators are fact finders, not • Investigator: “What parts of the protocol does he not follow?” decision makers. The concept of credibility assessment is a good example of this. Regulatory investigators can • Witness: “He’s lazy.” and should assess credibility for the limited use of de- • Investigator: “Can you explain what you mean when you say he’s lazy?” termining other investigative steps. The idea that the investigator should comment on credibility even in the • Witness: “Well, he doesn’t do things properly.” classic “he said she said” scenario, is incorrect. Under • Investigator: “Right, yes, you said he cuts corners.

Can you help me understand the specific things he a regulatory mandate the only place credibility assessdoes that lead you to believe that?” ment should be happening as a determinant of a case

Understanding the role of the investigator

is in a hearing. Pointing out conflicting information is fine, but determining what information should be ….and it goes on given more weight, is not the job of the investigator in a regulatory investigation. Investigators must stay in This is simplistic example, but in cases involving sexual or physical abuse by a healthcare provider or a serious their lane. 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 20 THEREGISTRAR.CA

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 Pointing out conflicting information is fine, decision maker to draw correct conclusions. Meticubut determining what information should lousness ensures accuracy and comprehensiveness in be given more weight, is not the job of the gathering and analyzing evidence is critical. investigator in a regulatory investigation.

Understanding and implementing powers of investigation

Investigators must stay in their lane.

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.

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REGULATORYJOBS EXECUTIVE RECRUITMENT

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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.

www.regulatoryexecutive.ca 22 THEREGISTRAR.CA

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

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DR 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.

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.

It has already proven to be effectively suited for leadership roles including Chief Executive Officers, Executive Directors, Registrars, Deputy “Since we launched the first iteration Registrars, and senior legal, finance, of the RegulatoryJobs site, recruitinvestigator, communications, and ers across the country have reached human resources roles. out to us for regulatory recruitment advice, clearly signaling the need for MDR's unmatched network and expertise in this unique sector, and depth of relationships in the regI am thrilled we are now filling the ulatory sector, coupled with their gap with our RegulatoryJobs Exexperience and success running ecutive Recruitment service,” says RegulatoryJobs.ca (and now RegDaniel Roukema, CEO of MDR ulatoryJobs.org with its new set of Strategy Group. “Our friends and bells and whistles) are key aspects colleagues in the sector can continthat make the service notable. The ue to count on us as they have for new platform provides a clear straorganizational leadership and comtegic advantage to clients seeking munications expertise, and now for top regulatory talent for their orgaexecutive recruitment.” nization.

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

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CLEAR Events

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A LOOK AHEAD TO VANCOUVER AND BALTIMORE

he 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.

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 The Vancouver Symposium agenda will highlight a dif- regulatory changes taking place in Australia to create a ferent aspect of leadership changes, particularly how more inclusive, equitable, and culturally safe healthcare organizations on the whole can develop a culture and system. processes that empower both leaders and their staff to embrace change. In addition to examining what The conference will also build on the overwhelming change management really means and looks like, the response to its 2024 Winter Symposium on artificial inprogram will highlight the importance of maintaining telligence and the ongoing discussions regarding AI's a human-centered approach – fostering empathy, com- utility and its potential impact on regulation and the passion, and transparency – to these transitions, and a professions. As part of this effort, CLEAR is excited to panel discussion on how several colleges have navigated welcome technology expert Beth Ziesenis to present a 24 THEREGISTRAR.CA

“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.

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.

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-

2024 Annual Educational Conference - Baltimore

Monday, September 16, 2024 to Thursday, September 19, 2024 Marriott Baltimore Waterfront

Learn More

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CLEAR’s Vancouver Symposium June 17, 2024

Register for CLEAR’s Vancouver Symposium for an exciting day of presentations and discussions on the theme of Navigating Change - Empowering Regulatory Leaders for Seamless Transitions.

Learn More and Register 26 THEREGISTRAR.CA

CLEAR: MAY 2024, TORONTO

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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.]

F

or Myrna McCallum, founding lawyer of Miyo Pimatisiwin Legal Services

in North Vancouver, navigating the

Discovering her legal calling

Raised in Treaty Six territory in northern Saskatchewan, McCallum just practicing law—it's about cengrew up in an environment rife with tering safety and understanding in uncertainty. As a former student of her approach as a regulated profes- an Indian Residential School, she sional. found it challenging to cope with the violence and lack of safety that “I think for those who want to bring dominated her childhood. legal profession is about more than

in trauma-informed principles to their practice, you have to be malMyrna McCallum, Miyo Pimatisiwin Legal Services

leable,” 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.”

28 THEREGISTRAR.CA

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

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

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. ReTo escape her turbulent surroundings, she embarked flecting on this time, McCallum notes that many in on the path to becoming a lawyer. McCallum ex- positions of power inflicted harm on her community plains that initially, she was unsure about the ap- and other communities of brown and Black people. proach she would take to cultivate a sense of safety and empowerment through her legal practice. “Part “I wasn’t actually fueling any transformation beof why I went to law school and chose to become a cause I was upholding a very colonial mandate, and lawyer was because I thought building this life for was just another brown face doing that historically, myself would help me avoid addressing what I lived white-privileged job,” she explains. “I decided that if through,” she says. “I didn’t have to deal with or heal I could help these people become more self-reflecmy trauma, as I could live this very disconnected tive, and understand racial traumas, then they will do less harm to those who look like me.” 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.

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.

A ‘do-no-further-harm’ approach

“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 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

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

“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.”

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Nurses and Midwives (BCCNM) and the College of

es and expertise in her award-winning podcast, 'The

Physicians and Surgeons of Ontario (CPSO). While

Trauma-Informed Lawyer.' She initiated the podcast

acknowledging the rigidity often inherent in regula- as a passion project at the height of the COVID-19 tory practices, she underscores the significance of on- pandemic. With her background in delivering keygoing improvement.

notes on trauma in legal contexts, she aimed to assist local lawyers by introducing them to the principles of

McCallum emphasizes the necessity for regulato- trauma-informed practice ry bodies, and all professions, to not only strive for continual enhancement but also to scrutinize exist- “The podcast’s reach went global after doing an ing systems, particularly those that have historically

episode with Dr. Gabor Maté, an acclaimed author

treated individuals in a dehumanizing way in disci- and leading expert on addiction and trauma,” Mcplinary hearings or investigations. “We can still reach

Callum says. “What I really found satisfying was that

those standards that we’re required to reach, but in

it wasn’t just lawyers listening to this podcast. Other

the process level up our competencies to be more hu- professionals like doctors, social workers, and teachmanizing and recognize that we are human beings ers have all reached out letting me know they have who bring pain and trauma into these spaces,” she

used these principles in some way.”

says.

She continues to make strides at the local, provincial, McCallum is a lawyer licensed with the Law Society

and national levels, having recently hosted ‘Justice as

of British Columbia (LSBC), one of several regulato- Trauma,’ her first interdisciplinary conference at the ry bodies that are taking concerted steps to integrate Vancouver Convention Centre, and is currently contrauma-informed principles into regulation. In 2023,

ceptualizing her book on becoming the trauma-in-

the LSBC approved the Indigenous Engagement in

formed lawyer.

Regulatory Matters (IERM) report and recommendations which aimed to identify systemic barriers ex- Reflecting on her own difficult past and overcoming perienced by Indigenous complainants and witnesses, feelings of disassociation, McCallum encourages all recommend proposed solutions, and establish cultur- professionals to prioritize the value of bringing psyally safe and trauma-informed regulatory processes. chological safety to their practice. “Everyone needs The LSBC has since introduced a new Indigenous

safety, since anyone can arrive in survival mode,” Mc-

Navigator role to support trauma-informed processes, Callum says. “If you can identify when someone is in to create safe spaces for Indigenous people and com- this state and take the appropriate steps to become munities within the organization and legal profession.

emotionally self-regulated, you can then perform in an empathetic and just manner.”

The Trauma-Informed Lawyer McCallum continues to leverage her lived experienc30 THEREGISTRAR.CA

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

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