APEGA’s Appeal of Mihaly Decision Succeeds
In her decision issued yesterday, Madam Justice Ross upheld The Association of Professional Engineers and Geoscientists of Alberta’s (APEGA) appeal and reversed the decision of the Alberta Human Rights Commission (AHRC) tribunal. Justice Ross also dismissed the cross appeal by Ladislav Mihaly.
Mihaly had complained to the AHRC alleging that by being asked to write confirmatory examinations by the APEGA Board of Examiners, in order to be registered as a professional engineer in Alberta, he was being discriminated against based on his country of origin, the Slovak Republic.
“APEGA firmly believes that the public interest must be the paramount concern of any self-regulating profession,” says APEGA CEO Mark Flint, P.Eng. “While we respect the important role of the Alberta Human Rights Commission, the tribunal’s decision with regard to Mr. Mihaly, were it to stand, would have had significant negative impacts on the ability of regulators – and not just in engineering but in geoscience, medicine, law, dentistry, and accounting to name but a few – and would have resulted in an unacceptable increase in risk to public safety and well-being.”
“The decision contains an extensive analysis of APEGA’s registration process for internationally educated engineers,” says APEGA Registrar Carol Moen, P.Eng. “I believe the decision confirms the fact that APEGA’s application process is fair, equitable, and transparent and that the same rigorous standards should apply to all applicants for licensure as professional engineers.”