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The Investigator's Legal Handbook
by Gordon Scott Campbell

 


Le manuel juridique de l’enquêteur
par Gordon Scott Campbell

 

REGQUEST: Regulatory Offences and Compliance Newsletter (Carswell), 12 issues per year
Co-Editor Gordon Scott Campbell

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Appeals & Judicial Reviews

Professional Discipline Defence

Bankruptcy & Insolvency Litigation

Wills & Estates Litigation



PROFESSIONAL DISCIPLINE DEFENCE

Just because professional discipline starts with an administrative body rather than a court doesn’t mean you won’t benefit from a lawyer’s assistance. Early legal intervention in professional discipline investigations can in fact pay even greater benefits than for early lawyer involvement in responding to criminal investigations, because professional misconduct investigators may take a collaborative approach with your legal counsel to fact gathering and case analysis. There can be a mutual exchange of information, and you may be able to influence the conclusions and recommendations that go into the investigation report in addition to negotiating an informal resolution of your case.

Should professional discipline allegations brought against you proceed before a formal board or tribunal, legal representation is even more crucial since you can be found guilty on only a balance of probabilities standard (rather than the criminal proof beyond a reasonable doubt standard). Rules of evidence before discipline boards or tribunals can be complex. You may need to compile and present a compelling defence case, rather than just remaining silent. in order to minimize the potential for a career-ending outcome.

Gordon Scott Campbell provides firm, effective and creative advocacy before professional discipline bodies, inquiries, boards, tribunals, trial and appeal courts so that your legal arguments and evidence count. He will negotiate an optimal resolution of your matter for you using skills learned from many years serving as a professional negotiator, but equally advance your interests in contested proceedings should an acceptable resolution be unachievable. He has conducted hundreds of trials and appeals, and knows what hearing officers, justices and judges and looking for in arguments and evidence.

 

GORDON SCOTT CAMPBELL’S PROFESSIONAL DISCIPLINE DEFENCE LEGAL SERVICES OFFERED

Advice on how to respond to professional licencing and oversight body demands for information or use of other powers of investigation into alleged offences, competence or fitness to practice issues under professional conduct codes or regulatory legislation.

Negotiation with professional licencing and oversight bodies concerning investigations, early and informal resolution of allegations, obtaining all information relevant to defence against charges of misconduct, and crafting of creative sanctions that minimize impact on future professional career prospects.

Representation and advocacy before professional discipline tribunals, appeal tribunals, trial and appeal courts for professionals facing professional discipline, regulatory or criminal investigations or charges.

Defence of medical professionals, including physicians, dentists, pharmacists, veterinarians and nurses.

Defence of teaching professionals, including teachers, teacher aides, principals and administrators, and post-secondary university and college academic and non-academic staff.

Defence of financial services professionals, including accountants.

Defence of building and technology professionals, including engineers and architects.

Defence of real estate agents.

Defence of lawyers and paralegals.

Defence of law enforcement personnel, including police officers and regulatory investigators.

Defence of military personnel before service tribunals and courts.

 

GORDON SCOTT CAMPBELL’S PROFESSIONAL DISCIPLINE DEFENCE LAW EXPERIENCE

Litigated professional discipline, criminal and regulatory trial and appellate cases throughout Canada up to level of Supreme Court of Canada.

Defended professionals accused of misconduct before a wide-spectrum of professional discipline trial and appeal tribunals.

Served as legal counsel and Member Representative with Royal Canadian Mounted Police, and advised RCMP, Ontario Provincial Police, municipal and regional police services, federal and provincial regulatory investigators on all manner of criminal and regulatory compliance verification and enforcement law.

Served as legal counsel with the Military Police Complaints Commission responsible for directing investigations into alleged misconduct.

Author of The Investigator’s Legal Handbook, 2nd ed (Toronto: Thomson Carswell, 2014) and Le manuel juridique de l’enquêteur (Cowansville, QC: Yvon Blais, 2010).

 

 

 


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