Admission Granted: “A Little Bit Of Light Can Shut Out A Lot Of Darkness”

A Hearing Division Tribunal of the Law Society of Upper Canada held that an applicant for an L1 law license has the present good character for admission.

The behavior

The applicant is now 39 years old.

The applicant has a history of criminal charges and convictions.  In 1997 and 1998, he was charged with offences including mischief, assault, and dangerous operation of a motor vehicle, all of which were stayed. 

The most serious misconduct occurred between 2001 and 2005 and included impaired driving, breach of probation, assault of a former girlfriend whom he struck on one occasion, an indecent act in front of a female roommate, and criminal harassment of four women he had relationships with previously.  The criminal harassment involved unwanted phone calls and e-mails and direct contact. The applicant pled guilty to all of these charges.

There were also a number of protective orders, some of which involved the women whom he had harassed, and one involving the applicant’s stepmother.

The nature and duration of the misconduct in this case weighs heavily against the applicant.

This misconduct occurred over approximately eight years, involved a wide breadth of sustained and different kinds of criminal activity.  The misconduct against women is particularly troubling, unacceptable and inconsistent with the duties and obligations which lawyers owe to society.  Apart from the criminality of such conduct, it is also inconsistent with Rule 5.03 of the pre-2014 Rules of Professional Conduct, which prohibits sexual harassment. Violence against and harassment of women in our society cannot be condoned and is compelling evidence of a lack of good character. 

There has been progress

From 2006 to the date of this hearing, the applicant would have had an unblemished record but for an incident involving his father and stepmother in 2011, when the applicant drove his car into his father’s garage after a family dispute.  His stepmother obtained a protection order after this incident and also informed the police of a past incident in 2010, during which the applicant allegedly attended at his father’s work, assaulted his father and threw objects about.  The applicant denied this last assault and the applicant’s father supported him in a statement filed with the panel. The applicant was very forthright during this hearing, admitting to many embarrassing aspects of his past.  We have no reason to doubt his honesty in denying his stepmother’s assertion about the alleged assault of his father in 2010.

This incident raised concerns but did not detract from his significant efforts at rehabilitation.

This extensive counseling has given the applicant insight into his past behaviour.  His parents’ relationship did not provide a good role model for interpersonal relationships.  While he was provided with many “things” while growing up, he was not given emotional support or made accountable for his actions.  As a result, he had trouble coping with stress, anger and anxiety and lacked control over his emotions.  He would act out impulsively when facing difficult or challenging situations or rejection.  Although he knew the difference between right and wrong, he readily admitted that he was self-centered and caught up in his own desires…

the applicant continued with therapy until in or around 2011. There are ongoing positive reports from his treating physicians.  He has not taken any medications for five to six years and feels that he no longer suffers from mental health issues.

He joined the Chabad- Lubavitch faith community

Rabbi Yaakov Shlomo Goldstein (also a member of the Chabad) testified on behalf of the applicant, and corroborated the applicant’s sincere commitment to the Chabad.  He was not aware of all the details of the applicant’s past because he is more interested in the person the applicant is now.  For the last three years, Rabbi Goldstein has spent anywhere from 2 to 12 hours per week with the applicant.  He described the applicant as a good person who can always be counted on and who goes out of his way to help others.  He felt that the applicant has a very strong character and a great deal of self-control, which he described as “better than most.”

In Rabbi Goldstein’s view, a little bit of light can shut out a lot of darkness.  He felt that whatever the applicant ends up doing with his life, it will be to the benefit of others.  

As to his treatment of women

The applicant is interested in getting married and has been introduced to several women over the past few years. When it has not worked out, he has not repeated his past behaviour.  He indicated that when he is uncertain about a situation, he seeks guidance from others, like his mother, or someone in his community.

He knows that he will have to work with women and he believes that this will not present any difficulty for him.  He will always ensure that there is a proper respectful tone regardless of whether he is working with or for men or women.

He is admitted subject to certain conditions. (Mike Frisch)