What is the legal test for an offence under section 3 of the BC Sexual Offences Act?

British Columbia, Canada


The following excerpt is from Bella (Re), 2019 LSBC 32 (CanLII):

In Law Society of BC v. Lessing, 2013 LSBC 29, the benchers confirmed that the “… objects and duties set out in section 3 of the Act are reflected in the following factors set out in Law Society of BC v. Ogilvie, 1999 LSBC 17 …”: a. the nature and gravity of the conduct proven; b. the age and experience of the respondent; c. the previous character of the respondent, including details of prior discipline; d. the impact upon the victim; e. the advantage gained, or to be gained, by the respondent; f. the number of times the offending conduct occurred; g. whether the respondent has acknowledged the misconduct and taken steps to disclose and redress the wrong and the presence or absence of other mitigating circumstances; h. the possibility of remediating or rehabilitating the respondent; i. the impact on the respondent of criminal or other sanctions or penalties; j. the impact of the proposed penalty on the respondent; k. the need for specific and general deterrence; l. the need to ensure the public’s confidence in the integrity of the profession; and m. the range of penalties imposed in similar cases.

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