An Unacceptable Attitude

A Saskatchewan Law Society Hearing Committee has imposed a two-month suspension for sexual harassment of a court worker

On July 18, 2022, while seated in a courtroom, the Member commented on Ms. X’s appearance, stating that she had ‘lost weight’ and was ‘looking good.’ Later that day, as Ms. X was leaving the courtroom after assisting him, the Member reached out and touched her. 

A Deputy Sheriff witnessed the interaction, and Ms. X later reported the incident, stating that it left her feeling disrespected, humiliated, and  She ultimately resigned from her position within a month, citing the incident as the reason. Ms. X formally filed a complaint with the Law Society on August 22, 2022.

The Member initially did not recall the incident but later acknowledged the impact of his actions and apologized. He also cited personal health struggles because of the proceedings.

These facts, as agreed upon by both parties, form the basis of the Panel’s consideration of an appropriate penalty. The parties agree that the Member must be disciplined; however, they differ on the appropriate form that discipline should take.

Acknowledgement of misconduct

The Member has admitted to the misconduct and pled guilty at the earliest  His early acknowledgment of wrongdoing and cooperation with the Law Society’s process are mitigating factors that weigh in his favor. By pleading guilty, the Member spared the complainant from having to testify, which reflects some level of accountability. He also expressed remorse, describing the incident as a lapse in judgment and committing to ensuring such behavior is never repeated. The Panel recognizes that an early guilty plea and cooperation with the process are important considerations in determining an appropriate sanction.

However, while the Member expressed remorse, the depth of that remorse is a concern for the Panel. During the penalty hearing, he minimized his conduct, referring to it as “a little tap on the buttock” and equating his comment about the complainant’s appearance to complimenting a male colleague on his tie. In his letter to the Law Society dated January 19, 2023, he initially claimed not to recall the incident but later characterized his conduct as akin to “a fist pump or a slap on the shoulder” – a description that minimizes both the nature and impact of his behavior. This language trivializes the nature of the misconduct and raises doubts about whether the Member fully grasps its seriousness. The tendency to downplay inappropriate behavior, particularly in professional discipline matters, is itself a concern, as it suggests a lack of full accountability and an insufficient understanding of professional standards. In 2025, such attitudes toward sexual harassment are entirely unacceptable. Legal and societal standards have evolved, reflecting a greater understanding of the harm caused by such behaviour. The progression of jurisprudence on sexual harassment and professional misconduct underscores that minimizing inappropriate conduct is incompatible with the profession’s duty to uphold respect, dignity, and accountability in the workplace.

There were three prior determinations of “conduct unbecoming” that did not involve comparable violations. 

Sanction

The Member is suspended for a period of two-month commencing on the date of this decision.  The Member shall complete a professional boundaries course within the period of his suspension.

(Mike Frisch)