What is the law society’s standard of conduct in dealing with sexual assault cases?

British Columbia, Canada


The following excerpt is from Russel Cruickshank (Re), 2012 LSBC 27 (CanLII):

Counsel for the Law Society referred to a number of cases, including Law Society of BC v. Ogilvie, [1999] LSBC 17, which sets out the following factors that should be considered by a Hearing Panel: (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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