The objective of disciplinary law is to ensure the protection of the public by sanctioning the conduct of a professional who does not comply with the rules, in particular the ethical rules, that govern the practice of his profession.
To do this, several actors intervene to facilitate this process. It includes the syndic, the disciplinary council, the review committee, the Professions Tribunal and the professional inspection committee.
What is the syndic?
The syndic is a person appointed within each professional order who assumes both the important roles of investigator and complainant before the Disciplinary Council. As an investigator, the syndic seeks to determine whether an offence against the laws and regulations governing the practice of the profession has been committed and to gather evidence. If the complaint is sufficient, the syndic will act as a complainant before the Disciplinary Council, where he will seek to prove the guilt of the professional who is the subject of his disciplinary investigation.
What is the Disciplinary Council?
The Disciplinary Council is composed of three members, including a President who is a lawyer appointed by the government. The Board receives evidence from the parties and hears witnesses at a public hearing, in order to decide on the guilt of the professional and, if necessary, to impose one or more sanctions.
What is the Review Committee?
The Review Committee is made up of at least three persons appointed by the Board of Directors of the Professional Order. The Committee reviews the syndic’s decision at the request of the person who requested the syndic to hold an investigation. The Trustee then gives notice to the person of the trustee’s decision. This opinion is not a decision whose execution is mandatory. The opinion may contain the following conclusions:
- There are no grounds for lodging a complaint with the Disciplinary Council;
- Suggest that the syndic complete his investigation and then render a new decision on whether to file a complaint;
- That it is appropriate to file a complaint with the Disciplinary Council and to suggest the appointment of a trustee appointed to deal with this particular case;
- That the file should be transferred to the Professional Inspection Committee.
What is the Professions Tribunal?
To appeal a decision of the disciplinary council, the complainant, like the professional, may have recourse, as a last resort, to the Professions Tribunal, composed of judges of the Court of Québec. The Tribunal may confirm, modify or reverse the decision of the Disciplinary Council. It may also make its own decision.
What is the Professional Inspection Committee?
A Professional Inspection Committee is established within each professional order under the Professional Code. Practice inspections are a means of overseeing the practice of the profession, protecting the public, and ensuring excellence in the profession.
The Committee is composed of at least three members and has the functions, in particular, of ensuring that the competence of its members is monitored and that the application of the rules governing them is monitored. To do this, he inspects their files, books, registers, medications, devices and equipment, as well as verifies the goods entrusted to them by their clients or another person.
The committee also receives requests from professionals who wish to be heard and holds hearings to this effect.
Disciplinary defence of professionals
As a professional, dealing with an investigation by the syndic or a hearing before the Disciplinary Council can be a stressful and complex experience. Each step of the process involves key players, strict rules, and high stakes for both your career and your reputation.
At Lambert Avocats, we understand the unique challenges of disciplinary law. Our experienced team guides you every step of the way, from the initial investigation to representation before the Professions Tribunal, developing a rigorous and personalized defence.
Don’t let a disciplinary situation compromise your career. Contact us today for a confidential consultation and find out how we can help you protect your rights.