Barriers to Consumer Satisfaction
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Consumer Protection through Professional Regulation Looking Ahead: Council on Licensure, Enforcement and Regulation Toronto Symposium June 15, 2010 © CLEAR 2010 Barriers to Consumer Satisfaction Richard Steinecke Steinecke Maciura LeBlanc
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Barriers to Consumer Satisfaction. Richard Steinecke Steinecke Maciura LeBlanc. Thoughts on Satisfaction. This life is not for complaint, but for satisfaction- Henry David Thoreau I can't get no, I can't get no, I can't get no satisfaction- Mick Jagger and Keith Richards - PowerPoint PPT Presentation
Transcript of Barriers to Consumer Satisfaction
Consumer Protection through Professional Regulation
Looking Ahead:
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010© CLEAR 2010
Barriers to Consumer
SatisfactionRichard Steinecke
Steinecke Maciura LeBlanc
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
Thoughts on Satisfaction
• This life is not for complaint, but for satisfaction- Henry David Thoreau
• I can't get no, I can't get no,I can't get no satisfaction- Mick Jagger and Keith Richards
• I should think that being my old lady would be all the satisfaction or career any woman needs. Mick Jagger
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
Essence of Consumer Protection
• Empowerment of consumer by– Disclosure– Mandatory contract with mandatory
terms– Rules for providers– Remedies (e.g., cooling off period,
rescission, warranties, etc.)
• Levels the playing field– Evens power differential
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
Essence of Professional Regulation
• Ensuring high level of skill and ethics by– Qualifications for entry into profession– Professional values (ethics, misconduct)– Enhancing skills (quality assurance)
• Focus on profession– Consumer protection a by-product
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
Examples of Differences
• Discipline focuses on professional’s error– Judged by expectations of peers, not public
• Davidson v. RCDSO (1925)
– Nature of error > impact on consumer– Some misconduct is all about the profession
• E.g., unseemly advertising• E.g., criticism of colleagues• E.g., cooperation with professional body
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
Examples of Differences
• Standing of consumer– Source of information, not a party
• Pieters v. Ontario College of Teachers
– Even CRC / LAT / HPARB is a watchdog of regulator and process• Not a consumer remedy
– No standing at discipline (rare intervener), fitness, quality assurance, registration
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
Examples of Differences
• No remedy for consumer– Board of Funeral Services v. Schmolinski
• Sanctions re-direct / rehabilitate member– Suspension, TCL’s, reprimand– Ultimate sanction is removal
• Goals– Protect the public – Preserving the reputation of the profession
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
Why the Differences
• Values better than rules• Excellence better than “achieving”
the bare minimum• Specialized knowledge problems
– Difficult for consumer to protect self– Some paternalism is right (e.g., sexual
abuse)
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
Why the Differences
• The “self” in self-regulation has a benefit– The power of peers– Desire to conform to the community– The benefits of belonging
• Severity of sanction requires fairness– Termination of livelihood
• Redress lie with the courts
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
There is Overlap
• Complaints, reviews, interveners• Client relations / client centred initiatives• Open processes• Website content requirements• Enhanced public register• Liability insurance requirements• Compensation schemes
– E.g., trust funds, sexual abuse counselling
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
There is Overlap
• Some misconduct rules– Informed consent– Right of access to records– Advertising– Billing disclosure– False or misleading statements– Conflict of interest
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
Practical Future Developments
• What more can be done without compromising professional self-regulation?
• Mandatory contracts with mandatory terms– Extension of informed consent principles
• Client relations programs– Proactive measures
• Transparency about members– Fostering consumer choice
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
Radical Future Developments
• May compromise self-regulation values
• Increase consumer standing– Party in discipline, fitness hearings– Seats at policy / rule making table
• Remedies– Enhanced compensation schemes– Consumer remedy powers (e.g., refunds,
rescission, apologies)
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
Concluding Thoughts
• Show me a thoroughly satisfied man, and I will show you a failure. ~ Thomas Edison
• I have the simplest tastes. I am always satisfied with the best. ~ Oscar Wilde
• If I have a thousand ideas and only one turns out to be good I am satisfied. ~ Alfred Nobel
Council on Licensure,
Enforcement and Regulation
Toronto Symposium
June 15, 2010
Speaker Contact Information
• Richard Steinecke• Steinecke Maciura LeBlanc• Barristers and Solicitors • [email protected]
