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Professional Discipline

& Non-Academic Misconduct Investigations

The Allegation

Professionals in various fields, including health, education, engineering, and law, are responsible to their various commissions, colleges or societies to abide by standards of conduct that are set out by regulation. When allegations are brought forward that a member has violated a rule of conduct, the professional may face an investigation and enforcement action brought by the organization of which they are a member. In British Columbia, there is statutory authority for various organizations to be self-regulating, with respect to the rules and regulations of membership. Such organizations include:

  • College of Physicians and Surgeons of British Columbia,
  • College of Pharmacists of British Columbia,
  • College of Psychologists of British Columbia;
  • College of Registered Massage Therapists of British Columbia,
  • Law Society of British Columbia;
  • British Columbia Securities Commission,
  • BC Teacher’s Council

Post-secondary institutions – universities, colleges and technical schools – also have the power to self-regulate the behavior of students and staff under academic and non-academic misconduct policies. For example, under the University of British Columbia’s Sexual Assault and Other Sexual Misconduct Policy, a complaint can be brought against a student or faculty member which can result in termination of employment or expulsion from academic studies.

The Investigation

Professional bodies and post-secondary institutions may investigate complaints alone, or in parallel with police investigators. The rules imposed by the professional body are civil in nature and are markedly different from the laws provided under the Criminal Code and the Charter of Rights and Freedoms. For example, in a criminal investigation, a suspect has the right to remain silent. This is not the case in a professional or student misconduct allegation. To the contrary, a subject of a misconduct complaint has the obligation to cooperate in the investigation at the risk of maintaining their professional credentials or right to continue their studies.

Because on one hand there is an obligation to cooperate and on the other there is the right to remain silent, a person facing a professional misconduct allegation must exercise caution so as to not give up the right against self-incrimination in the criminal law context.

Recent Successes

R. vs. L.W. – Vancouver Provincial Court

Charges: Aggravated Assault; Breach of Undertaking; Assault police officer; Mischief to property.
Issue: Given the seriousness of the facial injuries to the complainant and the ensuing assault of the arresting police officer, whether a lengthy prison sentence was appropriate.
Result: Mr. Gauthier was able to steer our client through an extensive program of rehabilitation and, after gearing Mr. Gauthier's submissions in a contested hearing, the Court granted our client a conditional sentence of only 3 months, followed by 2 years probation. No jail.

R. vs. T.J. – North Vancouver Provincial Court

Charge: Theft Under $5000.Issue: Whether there was substantial likelihood of a conviction.
Result: Mr. Gauthier provided information and made representations to Crown counsel which ultimately led Crown to agree that there was no reasonable likelihood of a conviction. Stay of proceedings. No criminal record.

R. vs. M.S. – Burnaby RCMP Investigation

Charges: Assault, mischief under $5000.
Issue: Whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to persuade the investigating  RCMP officer to allow our client tp apologize to the complainant through Restorative Justice. Police did not seek to have any criminal charges approved. No criminal record.

R. vs. I.K. – Vancouver Provincial Court

Charge: Fraud Over $5000.
Issue: Whether our client would be sentenced to a jail for this $10,000 fraud from his employer.
Result: Notwithstanding that our client had a previous criminal conviction for a similar breach of trust offence, Mr. Gauthier was able to persuade Crown counsel to not seek a jail sentence. After hearing Mr. Gauthier's submissions, the Court sentenced our client to a term of house arrest. No jail.

R. vs. K.Y. – Vancouver Provincial Court

Charges: Assault by choking (x2); assault (x2); mischief under $5000.
Issue: Whether it was in the public interest for the Court to enter a conviction against our client.
Result: Mr. Mines was able to persuade Crown counsel to proceed on only one count of common assault and to stay all remaining charges. After hearing Mr. Mines' submissions, the court granted our client a conditional discharge and placed him on probation for 12 months.No criminal conviction.

R. vs. T.F. – Vancouver Provincial Court

Charges: Theft Under $5,000, Obstructing a Peace Officer, Uttering Threats.

Issue: Whether a jail sentence was appropriate in all the circumstances.

Result: Mr. Johnston was able to direct our client to the appropriate community supports with respect to his rehabilitation. Given the positive change in our client's circumstances, the sentencing judge accepted Mr. Johnston's submission that a community based sentence was appropriate rather than the 60 jail sentence sought by the Crown. No jail.

R. vs. B.K. – Port Coquitlam Provincial Court

Charge: Assault.
Issue: Whether it was in the public interest for our client to be granted a conditional discharge.
Result: Mr. Gauthier was able to persuade Crown counsel to make a joint submission without the necessity of our client being required to complete counselling. After hearing Mr. Gauthier's submissions the court granted our client the discharge. No criminal conviction.

R. v. R.L. – New Westminster Supreme Court

Charge: Sexual Assault.
Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to continue with the prosecution in this retrial after a deadlocked jury decision.
Result: upon considering all of Mr. Mines' representations, Crown counsel entered a stay of proceedings. No jail. No criminal record.

R. vs. J.H. – Richmond Provincial Court

Charge: Sexual Assault.
Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to continue with the prosecution in this retrial after a deadlocked jury decision.
Result: upon considering all of Mr. Mines' representations, Crown counsel entered a stay of proceedings. No jail. No criminal record.

R. vs. B.J. – Downtown Community Court

Charge: Theft of property of a value not exceeding $5,000
Issue: Whether there was a substantial likelihood of conviction and whether it was in the public interest to proceed with the prosecution.
Result: Mr. Johnston identified weaknesses in the available video evidence which persuaded the Crown to direct a stay of proceedings on the charge. No jail. No criminal record.

R. vs. A.M. = Vancouver Provincial Court

Charges: Assault with a Weapon; Assault Causing Bodily Harm.
Issue: Whether there was a substantial likelihood of conviction and whether it was in the public interest to proceed with the prosecution.
Result: Mr. Johnston provided Crown counsel with information about our client’s circumstances, including his lack of prior criminal offending, his efforts at rehabilitation, and the fact that a conviction for either offence could result in the client’s deportation, an outcome which Mr. Johnston argued would be disproportionate to the seriousness of alleged offences. At the same time, Mr. Johnston pointed out weaknesses in the evidence against our client. The Crown directed stays of proceedings on both charges. No jail. No criminal record.

R. vs. A.V. – Vancouver Provincial Court

Charges: Uttering Threats x3; Criminal Harassment; Breach of Release Order (domestic).
Issue: Whether there was a substantial likelihood of conviction and whether it was in the public interest to proceed with the prosecution of these matters.
Result: Mr. Gauthier was able to persuade Crown counsel that it was more appropriate to deal with these matters in the context of Family Court. Ultimately Crown did not approve the uttering threats and criminal harassment charges and Mr. Gauthier persuaded Crown that there was no public interest in prosecuting the breach charge and to enter a stay of proceedings. No jail. No criminal record.
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The Defence

Our over 30 years’ experience as defence counsel provides us with the skill and judgement necessary to guide clients through a professional misconduct complaint, whether alone or in conjunction with a criminal investigation. From the complaint, through the investigation, to the hearing, we can provide strategies and advice that will protect your rights and that is aimed at obtaining the best possible solution. Our goal is to help keep our clients working or studying in their chosen field.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.

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