What factors will be considered by the Law Society of BC in determining the appropriate disciplinary action for sexual assault?

The case of Law Society of BC v. Ogilvie, 1999 LSBC 17, [1999] LSDD No. 45, sets out a list of factors to be considered in determining the appropriate disciplinary action. The list is not exhaustive, and not all factors will be applicable in each case. The factors as set out in paragraph 10 of that decision are: (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.