Courts Are Deferring To Professional Regulators More Than Ever

Recent high-profile decisions from across Canada demonstrate that the Courts are increasingly applying a standard of reasonableness when reviewing the decisions of professional regulators. The application of the reasonableness standard means the Courts are much more likely to defer to the regulators' expertise. As a result, whether they are engaging individual rights under the Charter of Rights and Freedoms or monitoring proper business practices, professional regulators have been given significant leeway in utilizing their discretion to make decisions and implement policy. It appears that so long as the regulators' efforts are aimed squarely at protecting the public interest, the Courts are unlikely to interfere when professionals challenge their regulators' decisions or guidelines.