Present Good Character Established
The Ontario Law Society Tribunal Hearing Division found that an applicant (identified by initials) has established present good moral character for admission to the Bar
In the present case, we are persuaded that the applicant has established he is currently a person of good character and that his application for an L1 licence should be granted. We have also considered his offer of an undertaking not to meet in unsupervised settings with minor children and conclude that public confidence in the regulation of lawyers and paralegals would be enhanced by a term that requires that he not do so.
The character issue
At the time of the hearing, the applicant was 40 years old.
While an adolescent, he experienced a religious awakening and became strictly, religiously observant. He married at a young age and travelled with his young family to engage in religious studies in another country. His goal at that time was to become a religious leader and eventually lead a congregation. His faith and religious studies played a central role in his life during that period of time.
It was also then that he found himself experiencing symptoms of sexual dysfunction that concerned him. He viewed pornography and engaged in surreptitious masturbation in public settings. The applicant sought guidance from religious leaders and some therapeutic counselling, with limited success. It is undisputed that in 2009, during a two-month period, on three occasions, he engaged in acts of sexual abuse of minor children, including one of his children, that involved touching them and being touched by them while clothed.
His conduct came to light when the father of one of the children confronted him. The applicant spoke with a religious leader and a social worker and disclosed what had happened to them, his then-wife, and the local child protection agency. He was not criminally charged, began to take medication to curb his sexual dysfunction and was subject to supervision when around children, including his own, for a few months.
The applicant concluded he could not continue on his chosen path of becoming a spiritual leader in his community given his actions. He abandoned his religious studies and the family returned to this country.
Prior application
In his first application to be licensed as a lawyer in 2012, the applicant did not initially disclose any of the events of 2009. An anonymous letter prompted the Law Society to launch an investigation. During that investigation, he continued to withhold medical records and information about his serious sexual misconduct.
The tribunal found a change since 2017
We are persuaded that the evidence of the applicant on this issue was supported by, and consistent with, that of witnesses who, while supportive of him, were independent and unbiased. In particular, we relied on the observations of the clinical assistant to his psychologist, his fellow group therapy member and his religious mentor. The religious leader, with whom he has had an ongoing relationship for over five years, described him as “deeply regretful” and looking for purpose.
(Mike Frisch)
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