Barriers to Consumer Satisfaction

1. Barriers to Consumer Satisfaction Richard Steinecke Steinecke Maciura LeBlanc

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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)

9. 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

10. 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

11. There is Overlap • Some misconduct rules • Informed consent • Right of access to records • Advertising • Billing disclosure • False or misleading statements • Conflict of interest

12. 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

13. 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)

14. 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

15. Speaker Contact Information • Richard Steinecke • Steinecke Maciura LeBlanc • Barristers and Solicitors • rsteinecke@sml-law.com