Social Media Posts Lead To Reprimand

A lawyer’s social media comments about a judge presiding over her sister’s family law matter drew an agreed reprimand and fine  from the Alberta Law Society Hearing Committee 

The [Agreed] Statement described the circumstances that led to the citation. In and around March 2021, and in the context her sister’s family law proceedings, Ms. O’Driscoll posted a series of comments on her publicly-accessible LinkedIn social media page that disparaged both the Judge and the ABKB.

The Statement set out a number of the impugned comments (Impugned Comments). We will not reproduce them all here, but include a sample to illustrate the seriousness of what Ms. O’Driscoll said:

•      “All harm caused to my family and their neighbours is being enabled by . . . the Alberta Courts”;
•      “ALL of our political leaders . . . were made aware of this horror and have been complicit in allowing . . .  the Alberta Courts to empower abusers”;
•      “It has been a nightmare to witness the blatant biases and abuses of power that are carrying on in the Alberta family courts”;
•      “Why are [the Judge] and the RCMP continuing to pander to [the opposing party]? Why is this overt lack of impartiality acceptable in our family courts and law enforcement?”
•      “[The Judge] has just effectively shielded herself from being held accountable for her past and ongoing conduct in these proceedings for over a month. THIS IS WRONG AND A COMPLETE ABUSE OF JUDICIAL DISCRETION AND POWER. CANADIANS NEED TO CALL OUR JUDICIAL SYSTEM AND GOVERNMENT LEADERS TO ACCOUNT FOR THE ABUSES OF POWER THAT ARE HAPPENING IN OUR FAMILY COURTS AT THE IMMEASURABLE COST OF THE SAFETY OF MY FAMILY AND ALL CANADIANS.”

Remorse

Ms. O’Driscoll had written a letter of apology to the Judge, and read it to the Committee during the hearing. In it, she acknowledged that her social media posts were inappropriate and offside her ethical and professional obligations. She also acknowledged the impact her comments would have had on the administration of justice. At the Committee’s urging, she agreed to provide a copy of her apology letter to the Judge (Defense Counsel later confirmed that this was done after the conclusion of the hearing).

Sanction

The appropriate sanction with respect to the citation at issue in this matter is a reprimand and a fine of $7,500.00. In addition, Ms. O’Driscoll must pay costs to the LSA in the amount of $8,500.00. The fine and costs are to be paid within six months of the date of the hearing, by October 29, 2025.

(Mike Frisch)