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Hockey Coach Sanctioned

By Michael Frisch

The Quebec Disciplinary Council has issued a decision on guilt and sanction 

At the time of the events, the respondent, Mr. Samuel Beaugé-Malenfant, was a member of the Quebec Bar (Barreau) and a hockey coach for young adolescent men’s teams in his free time.

Between March 2017 and August 2018, he engaged in unacceptable behavior unworthy of a member of the Bar by touching part of the body of children under the age of 16 for sexual purposes, by producing and possessing child pornography as well as surreptitiously producing visual recordings of persons, while they were in circumstances for which there was a reasonable expectation of privacy.

The respondent is the subject of two criminal charges.

Particulars alleged in the complaint

while he was a lawyer  regularly registered on the Roll of the Order of Lawyers of the Quebec Bar of the Montreal section, committed acts derogatory to the honor and the dignity of the profession, namely:

  1.    In Petite-Rivière-Saint-François, district of Charlevoix, between March 2, 2017 and March 6, 2017, surreptitiously produced visual recordings of JB, LB, LB, MB and EB, while they were in circumstances for which there was a reasonable expectation of privacy, as specified in paragraphs a) to c) of section 162(1) of the Criminal Code , thus contravening the provisions of section 59.2 of the Code professions;
  2.    In Petite-Rivière-Saint-François, district of Charlevoix, between March 2, 2017 and March 6, 2017 produced child pornography, thus contravening the provisions of section 59.2 of the Professional Code;
  3.    In Montreal (Roxboro), district of Montreal on June 30, 2017, surreptitiously produced visual recordings of SL, SG, JSB, DL and JYR while they were in circumstances for which there was a reasonable expectation of protection in matters of privacy, as specified in paragraphs a) to c) of section 162(1) of the Criminal Code , thus contravening the provisions of section 59.2 of the Professional Code;
  4.    In Montreal (Roxboro), district of Montreal, on June 30, 2017, produced child pornography, thus contravening the provisions of section 59.2 of the Professional Code;
  5.    In Kirkland, district of Montreal, on July 21, 2017, surreptitiously produced visual recordings of JP and BR while they were in circumstances for which there was a reasonable expectation of privacy, such as specified in paragraphs a) to c) of section 162(1) of the Criminal Code , thus contravening the provisions of section 59.2 of the Professional Code;
  6.    In Kirkland, district of Montreal, on July 21, 2017, produced child pornography, thus contravening the provisions of section 59.2 of the Professional Code;
  7.    In Blainville, district of Terrebonne, between November 1 , 2017 and March 30, 2018, surreptitiously produced visual recordings of BA, BP-O., LB, RB, RB, MD, LF, VG, JH, MJ , PL, JM, NM, DM, AO, GR, and VR and BR, that they were in circumstances in which there was a reasonable expectation of privacy, as specified in paragraphs a) to c ) of section 162(1) of the Criminal Code , thus contravening the provisions of section 59.2 of the Professional Code;
  8.    In Blainville, district of Terrebonne, between November 1, 2017 and March 30, 2018, produced child pornography, thus contravening the provisions of section 59.2 of the Professional Code;
  9.    In Rigaud, district of Beauharnois, between July 12 and 14, 2018, for sexual purposes, touched a part of the body of JB, a child under 16 years of age, thus contravening the provisions of the Article 59.2 of the Professional Code;
  10.  In Rigaud, district of Beauharnois, between July 12 and 14, 2018, produced child pornography, thus contravening the provisions of article 59.2 of the Professional Code;
  11.  In Chute-Saint-Philippe, district of Labelle, on or around July 29, 2018, for sexual purposes, touched a part of the body of MG, a child under 16 years of age, thus contravening the provisions of article 59.2 of the Professional Code;
  12.  In Chute-Saint-Philippe, district of Labelle, on or around July 29, 2018, produced child pornography, thus contravening the provisions of article 59.2 of the Professional Code  ;

Thus making itself liable to the sanctions provided for in article 156 of the Professional Code ;

  1.  In Montreal, on May 5, 2022, in the Court of Quebec file number 500-01-209002-200, by judgment of Judge Érick Vanchestein, jcq, was found guilty of the following offenses having a link with the exercise of the profession:
  2.  On or around August 4, 2018, in Orford, district of Saint-François, produced child pornography, thus committing the criminal act provided for in section 163.1(2) of the Criminal Code ;
  3.  On or around August 4, 2018, in Orford, district of Saint-François, had in his possession child pornography, thus committing the criminal act provided for in section 163.1(4) a) of the Criminal Code ;
  4.  On or about August 4, 2018, in Orford, district of Saint-François, surreptitiously produced a visual recording of a person who was in circumstances for which there was a reasonable expectation of privacy, as specified in paragraphs a) to c) of section 162(1) of the Criminal Code , thereby committing the criminal act provided for in section 162(1)(5)(a) of the Criminal Code 

Sanction by the board

IMPOSES a temporary deregistration period of one year on the respondent .

IMPOSES on the respondent a limitation of his right to exercise professional activities, for a period of 10 years, by prohibiting him from:

– to practice family law;

– to practice youth law;

– to accept a mandate to represent or provide professional services to a minor person or persons;

– to provide professional services to foundations whose work is specially dedicated to the benefit of minors;

  • to accept or continue a mandate or to render professional services for which he would have or be likely to have contact of any form whatsoever with a minor.

The Gazette reported on the  riminal proceedings

The charges related to what touched off the investigation remained, and last year Beaugé-Malenfant pleaded guilty to one count of producing child pornography and one count of voyeurism.

In 2018, Beaugé-Malenfant invited a family he had known for four years to a chalet in Orford, in the Eastern Townships. The parents had three sons between the ages of 11 and 17.

During the visit, the boys’ mother found it odd that there was an alarm clock inside the chalet’s bathroom. She also found odd the way the clock was positioned. She moved the clock, but when she used the bathroom later, it had been returned to its original position.

The boys’ parents did some research on the internet and found the same type of alarm clock for sale equipped with a spy camera. The parents realized the clock in the chalet had been positioned to record a person urinating in a standing position.

The father took the spy camera. The parents then watched as Beaugé-Malenfant went in and out of the bathroom several times, apparently searching for his device.

Later the same day, while everyone was gathered in front of a fire, the parents confronted Beaugé-Malenfant. The father then went to a neighbour’s house to call the police.

(Mike Frisch)

Posted in:
Bar Discipline & Process