What are the factors used to determine the severity of a professional misconduct penalty in a sexual assault case?

British Columbia, Canada


The following excerpt is from Law Society of British Columbia v Hossack, 2021 LSBC 54 (CanLII):

Law Society of BC v. Lessing, 2013 LSBC 29 at para. 55, sets out a non-exhaustive list of factors to consider in the assessment of a disciplinary penalty: (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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