Comments on: Does the Punishment Fit the “Crime”? http://ablawg.ca/2009/05/20/does-the-punishment-fit-the-%e2%80%9ccrime%e2%80%9d/ Thu, 17 May 2012 19:28:05 +0000 http://wordpress.org/?v=2.3.3 By: Chad Conrad http://ablawg.ca/2009/05/20/does-the-punishment-fit-the-%e2%80%9ccrime%e2%80%9d/#comment-81036 Chad Conrad Thu, 21 Jan 2010 22:35:49 +0000 http://ablawg.ca/2009/05/20/does-the-punishment-fit-the-%e2%80%9ccrime%e2%80%9d/#comment-81036 That the College may not have covered the entirety of its expenses with the assessed cost does not diminish the concern that it derives financing from the process of regulation. Clearly it does; it's just not complete financing. This practice (which the provincial law societies also employ) has the potential to create some perverse incentives, and, as noted, to unreasonably discourage appeals. I agree with the writer that the punishment should fit the crime, rather than reflect the "costs" of investigation. That the College may not have covered the entirety of its expenses with the assessed cost does not diminish the concern that it derives financing from the process of regulation. Clearly it does; it’s just not complete financing.

This practice (which the provincial law societies also employ) has the potential to create some perverse incentives, and, as noted, to unreasonably discourage appeals.

I agree with the writer that the punishment should fit the crime, rather than reflect the “costs” of investigation.

]]> By: gordon hensel http://ablawg.ca/2009/05/20/does-the-punishment-fit-the-%e2%80%9ccrime%e2%80%9d/#comment-80857 gordon hensel Mon, 18 Jan 2010 21:47:52 +0000 http://ablawg.ca/2009/05/20/does-the-punishment-fit-the-%e2%80%9ccrime%e2%80%9d/#comment-80857 Unfortunately, the writer arrived at an incorrect conclusion. The total costs of the investigation, Hearing Tribunal, Appeal to Council and Appeal to the Court of Appeal were much higher than the total cost issued to Dr. Bishop. As such, the Alberta College of Optometrists did not "finance itself through the process". The exact opposite was true. I look forward to seeing a retraction of the opinion. In addition, the final decision was forwarded to the Department of Health & Wellness regarding their decision to demand whether any inappropriate billed amounts be returned to the Department as this is not part of the mandate of a regulatory college. Unfortunately, the writer arrived at an incorrect conclusion. The total costs of the investigation, Hearing Tribunal, Appeal to Council and Appeal to the Court of Appeal were much higher than the total cost issued to Dr. Bishop. As such, the Alberta College of Optometrists did not “finance itself through the process”. The exact opposite was true. I look forward to seeing a retraction of the opinion.

In addition, the final decision was forwarded to the Department of Health & Wellness regarding their decision to demand whether any inappropriate billed amounts be returned to the Department as this is not part of the mandate of a regulatory college.

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