What is the quantum of discipline for a lawyer found guilty of sexual assault?

Manitoba, Canada


The following excerpt is from The Law Society of Manitoba v Persad, 2018 MBLS 2 (CanLII):

16. In The Law Society of British Columbia v. Ogilvy [1999] L.S.D.D. No. 45, [1999] LSBC 17, factors to be considered in determining the quantum of discipline were listed as follows: “(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 disciplines; (d) the impact upon the victim(s); (e) the advantage gained or to be gained, by the respondent; (f) the number of times the offending conduct occurred; (g) whether the respondent had 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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