Ontario’s highest court has ordered a reevaluation of a man convicted of sexually abusing children to determine if he possesses the necessary “good character” to practice law.
The Court of Appeal for Ontario has overturned a previous decision by the Law Society Tribunal, which had deemed the man, known only as AA, to have good character. The court stated that the tribunal’s decision was “unreasonable” and failed to take into account crucial aspects of the assessment.
In a unanimous ruling, a three-judge panel criticized the tribunal for not considering whether granting AA a license to practice law would uphold public trust and confidence in the legal profession. The court also noted that a condition barring AA from being alone with minors conflicted with the notion that he was of good character.
The court revealed that AA had sexually abused three children through inappropriate touching while living abroad in a religious community in 2009. Despite not facing criminal charges, he was diagnosed with a remitted pedophilic disorder upon returning to Canada.
AA initially applied to become a lawyer in 2012 without disclosing his past abuse, which was later uncovered through an anonymous tip to the Law Society. During the ensuing investigation, AA withheld information and medical records and later withdrew his application in 2017.
In 2019, AA reapplied for a law license, with the tribunal ultimately ruling him as being of good character, emphasizing his remorse, lack of reoffending, and honest behavior post-2017. However, a condition mandating supervision during interactions with minors was added to his license.
Despite challenges from the Law Society, the tribunal’s decision was upheld through various appeals until the recent ruling by the Court of Appeal, which has called for a reassessment due to the failure to properly consider public trust and the conflicting conditions.