Mobility Tool Kit Step 2

Adapt knowledge to local context:
Legal lessons learned

Gears image

Moderator:

Barb Whitenect (NS)

Speakers:

Dale Atkinson, Esq., ASWB Legal Counsel

Tiffany Thorne, MSc, LLB

This session will inform participants about the legal lessons learned that affect the ways in which jurisdictions address Mobility. Tiffany Thorne will present on labour mobility in Canada following enactment of the Agreement on Internal Trade (AIT)/Canadian Free Trade Agreement (CFTA). Dale Atkinson will present on legal lessons learned that impact Mobility strategies in the United States.

Learning Objectives:

After completing this session, participants should be able to:

  1. Identify areas in a mutual recognition agreement where precise wording is necessary.
  2. Differentiate between jurisdictional structures and how variation in structure affects mutual recognition models.
  3. Differentiate between binding legal interpretations, reconciliation of occupational standards, and dispute/complaint resolution.
  4. Identify what case law about board authority, statutory interpretation, or application of mutual recognition principles is relevant in their jurisdiction.

Bibliography:

Canada

AIT dispute resolution panel. (2012, January 13). Report of article 1703 panel regarding the dispute between Manitoba and Ontario concerning Ontario’s notice of measure with respect to public accountants. Agreement on Internal Trade. Retrieved from  https://www.cfta-alec.ca/wp-content/pdfs/English/DisputeResolution/PanelReports/Feb_13_2012_Report_Final_En.pdf

Canada Internal Trade Secretariat. (2017, July 1). Canadian Free Trade Agreement. (Ch. 7, 10, & 13.) Retrieved from https://www.cfta-alec.ca/wp-content/uploads/2017/06/CFTA-Consolidated-Text-Final-Print-Text-English.pdf

AIT dispute resolution panel. (2012, February 23). Report of the Article 1716 Panel Concerning the Dispute Between Mr. X, a Private Person from Quebec, and Ontario Regarding a Crane Operator Certification. Agreement on Internal Trade. Retrieved from https://www.cfta-alec.ca/wp-content/pdfs/English/DisputeResolution/PanelReports/panel_04_2012_en.pdf>

United States

Caporale v. State of Kansas Behavioral Scis. Regulatory Bd. (Kan. App. 2014)

Concealed Carry Reciprocity Act of 2017, H.R. 38, 115th Cong. (2017-2018)

Fenton v. Fischer (Ohio App. 2017)

Green v. Okla. Bd. Of Bar Examiners (Okla. 2016)

In re Baker (Minn. App. 2018)

In re Brittain (VT 2017)

Prevor v. Dep’t of Health, Bd. Of Psychology (Fla. App. 2015)

State Comm. For Marital & Family Therapists v. Haynes (Mo. App. 2013)

Vargas v. State Med. Bd. Of Ohio (Ohio App. 2012)