In Anthony v. BC College of Social Workers, 2011 BCSC 729, the petitioner sought an order quashing a citation and prohibiting the college from proceeding with disciplinary action against him. His rationale was that the events under consideration occurred under previous legislation in which the College was not authorised to discipline former registrants. While the new Act provided for this, the petitioner resigned and made the argument that the statute could not apply to events that occurred when the old Act was in force, because penal legislation could not have retroactive effect.
The case contains an excellent analysis of the arguments that were made and the law on this issue.
The conclusion was that professional disciplinary proceedings are not penal in nature, but are for the purpose of protecting the public. Therefore, the new Act had retroactive application and the Petition was dismissed.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment