Sexual Assault Charges Draw Interim Suspension
The Tribunal Hearing Division of the Law Society of Upper Canada ordered the interlocutory suspension of an attorney facing multiple criminal charges
The Lawyer was called to the bar in 1975 and is a sole practitioner in Thunder Bay. He advised the Law Society that, in October 2016, he sold his practice and transferred all of his files except for three class action lawsuits on which he acts.
On November 21, 2016, the Lawyer was charged with nine criminal offences including one count of sexual assault, five counts of assault, one count each of invitation to sexual touching, sexual interference and mischief. The charges are in relation to two individuals, one of whom was a minor. The Lawyer was released from custody by way of judicial interim release (“bail”) on November 21, 2016.
The Lawyer did not advise the Law Society that he was subject to these charges as required by By-Law 8(2).
On November 29, 2016, the Lawyer was charged with failing to comply with his bail terms.
On November 30, 2016, the Lawyer was charged with another count of sexual assault against a third individual. He was taken into custody.
The Lawyer did not advise the Law Society that he was subject to these two additional charges as required by By-Law 8(2).
On December 16, 2016, the Lawyer was charged with five additional counts of sexual assault against two separate individuals (four in relation to the same person) who were not the complainants in the previous charges.
The charges have received coverage in the press, including the Thunder Bay media, online reports and the CBC News.
The need for suspension
In this case the Lawyer is also facing serious criminal charges. Five complainants, one of them a minor, allege sexual assault. The Crown has laid 16 charges in total. In these circumstances, there is a significant risk that the public would lose confidence in the profession and the ability of the Law Society to regulate it, if the Lawyer is allowed to continue to practise.
(Mike Frisch)