Pat Draws Reprimand

The Alberta Law Society Hearing Committee Report imposed an oral reprimand of an attorney

 To summarize the Agreed Statement, I note the following:

•      The Complainant was a contractor who worked for Mr. Ellert;
•      On one occasion, Mr. Ellert patted the Complainant on the back of her head while she was working at her desk in Mr. Ellert’s office (the Incident);
•      The Incident did not cause any physical harm to the Complainant, however it did cause the Complainant to be upset as the Incident was not consensual;
•      Mr. Ellert acknowledges that the Incident was inappropriate, and unequivocally admits guilt to the essential elements of the citation and that such conduct is deserving of sanction; and
•      In September of 2024, Mr. Ellert completed workplace anti-harassment training voluntarily and at his own cost.

Text of the reprimand

Mr. Ellert, the Hearing Guide of the Law Society requires that the Hearing Committee take a purposeful approach to sanctioning a member who has been found guilty of conduct deserving of sanction. The fundamental purpose of sanctioning is the protection of the best interests of the public and the protection of the reputation and standing of the legal profession generally.

Mr. Ellert, I acknowledge your co-operation with the Law Society leading up to today in resolving this complaint by admitting guilt and by proceeding with a single Bencher hearing.  Your admission has permitted this citation to be resolved on a more efficient basis, which is not just a benefit to you, but is a benefit to the public and to the Law Society.

Mr. Ellert, you are an experienced lawyer, having practiced for over 40 years.  It is clear to me that you have a long and principled career having made significant contributions to the administration of justice in Alberta.  Your career has been exemplary until this citation. 

I expect that facing this citation now, at this stage of your career, is an enormous disappointment.  You have admitted guilt on the single citation before me.  This citation was serious, it involved physical contact that the complainant did not consent to, and caused the Complainant to be upset. By engaging in this conduct, you put your professional reputation and integrity at risk and brought into question the safety of those with whom you work with. 

I note that since this complaint was made in 2020, you completed a course on Workplace Violence and Harassment: A Practical Guide to the Prevention of Psychological Incidents. I trust that you have learned from this incident, from being involved in this complaint process, as well as from the course you completed.

In making these comments today and in expressing this reprimand today, I urge you to constantly have at the forefront of your mind and your practice the integrity required of all of us as members of this profession and the diligence that we all must demonstrate to uphold our reputation and the reputation of this profession.

In concluding, I wish you the best as you move forward from the conclusion of this disciplinary process and thank you for your attendance today.

(Mike Frisch)