Complaints About Discrimination or Harassment in the Profession

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Complaints About Discrimination or Harassment in the Profession

Fostering a supportive regulatory environment for lawyers and students in the legal profession is a key element of the Law Society’s Strategic Plan. It also contributes to the broader strategic goal of promoting wellness and competence.

We want to encourage lawyers and students to come forward and report harassment and discrimination issues knowing that we have a safe reporting process in place.

If you, as a lawyer, student or law firm staff member, believe that another lawyer or articling student may have crossed a boundary related to discrimination or harassment, we urge you to contact our Equity Ombudsperson as an initial step.

The Occupational Health and Safety Act requires all law firms or organizations to have a safe or respectful workplace policy in place. Review your firm or organization’s policy if you have concerns about behaviour that is contrary to that policy. If your firm does not have a policy, review the Respectful Workplace Model Policy provided by the Law Society. It will provide guidance about acceptable standards of behaviour.

The policy should outline the procedures in place to report issues of discrimination or harassment within the firm or organization, without fear of reprisal. This policy should also include information on contacting the Law Society to report complaints of discrimination and harassment.

For more information on what behaviour may be a form of discrimination or harassment, see section 6.3 of the Law Society of Alberta Code of Conduct.

Safe Reporting: Step-by-Step

Lawyers, students or law firm staff members may contact our Equity Ombudsperson for a confidential discussion and/or
Contact our Intake department by telephone, email or letter describing the complaint. Lawyers, students and staff members do not need to fill out an intake form to report matters of discrimination or harassment. Please note that by contacting our Intake Department, you are beginning the complaint process. Once Intake knows about a complaint, the Law Society may need to proceed with the complaint to protect the public. We will try to protect the confidentiality of the lawyer, student or staff member but it cannot be guaranteed.
The complaint will be directed to one of our designated Counsel with related training and experience handling matters involving, and supporting victims of, harassment, discrimination and/or sexual violence.
The lawyer, student or staff member reporting the complaint can discuss their options about proceeding on a confidential basis. One of the options is Rule 85(9) which allows the complaint to proceed on a confidential basis at the discretion of the Law Society. It allows the lawyer, student or staff member to come forward on a confidential basis while still receiving updates on the status of the complaint. While the Law Society will take all steps to preserve your confidentiality, at some point, your identity may become apparent from the information provided.
The threshold test is applied to determine the next steps in the handling of the complaint.
1. If the complaint proceeds to the investigation stage, the lawyer or student who reported the discrimination or harassment issue will be interviewed. The lawyer or student is welcome to have a support person present during the investigation interview. The designated Counsel also remains involved.
2. If the Law Society determines that the complaint does not satisfy the threshold test, the complaint will be dismissed. The lawyer, student or staff member may appeal this dismissal.
If the complaint meets the threshold test, the matter may be referred to the Practice Review Committee and/or the Conduct Committee. The threshold does not consider the intent of the person who is the subject of the complaint. The subjective experience of the complainant, viewed through the lens of the reasonable person, establishes whether the threshold has been met.
1. The purpose of a referral to the Practice Review Committee is to assess a lawyer’s practice in order to remediate recurring or continuing problems that may exist.
2. The Conduct Committee can either:
  1. Direct the matter to a hearing
  2. Send the lawyer to a mandatory conduct advisory
  3. Send the complaint back to Counsel for further investigation
  4. Dismiss the complaint
Hearings are typically public, though interested parties may apply to have all or part of a hearing held in private. Witnesses may be called to provide evidence and the lawyer, student or staff member who reported the complaint may be called as a witness. A support person can accompany the lawyer, student or staff member to the hearing.
The hearing panel will determine whether the lawyer or student committed the conduct deserving of sanction. In deciding whether the lawyer or student’s conduct was discrimination or harassment, the hearing panel will not consider whether the lawyer or student intended to harass or discriminate. Rather, the subjective experience of the complainant, viewed through the lens of the reasonable person, establishes whether the lawyer or student is guilty of harassment or discrimination.
If found to have committed the conduct deserving of sanction, the lawyer or student who is the subject of the complaint could be:
1. Reprimanded
2. Fined
3. Suspended
4. Disbarred
5. Ordered to pay the costs of the hearing
6. Subject to an order that imposes conditions on the member’s suspension or on the member’s practice

Where/how do I report issues related to discrimination and harassment?

As a first step, you may choose to contact our Equity Ombudsperson for a confidential discussion to assess your options. You may also go directly to our Intake department by phone, email or letter. Please note that by contacting our Intake Department, you are beginning the complaint process. Once intake knows about a complaint, the Law Society may need to proceed with the complaint to protect the public. We will try to protect the confidentiality of the lawyer, student or staff member but it cannot be guaranteed.

Who will be my point of contact at the Law Society throughout the process?

The complaint will be directed to one of our designated Counsel with related training and experience handling matters involving, and supporting victims of, harassment, discrimination and/or sexual violence. The designated Counsel is involved throughout the complaint process.

What is my role in the complaint process?

Your complaint provides the foundation for how the Law Society proceeds. You provide key information including documents and the names of witnesses. Rule 85(9) may enable you to maintain confidentiality throughout the process. While the Law Society will take all steps to preserve your confidentiality, at some point, your identity may become apparent from the information provided.

If the complaint proceeds to the investigation stage, you will be interviewed. You are welcome to have a support person present during the investigation interview. The designated Counsel also remains involved.

If the matter proceeds to a hearing, you may be required to give evidence as a witness. A support person can accompany you to the hearing.

Will I have to tell my story multiple times to multiple people?

The Law Society attempts to receive and investigate the complaint without requiring you to repeat your story multiple times to different people. Research demonstrates that multiple repetitions of distressing stories are often harmful to the person reporting and can result in inconsistencies.

After I report my discrimination and harassment issue, is my identity kept confidential?

You can discuss your options about proceeding on a confidential basis. One of the options is Rule 85(9) which allows the complaint to proceed on a confidential basis at the discretion of the Law Society. It allows the lawyer, student or staff member to come forward on a confidential basis while still receiving updates on the status of the complaint. While the Law Society will take all steps to preserve your confidentiality, at some point, your identity may become apparent from the information provided.

How will I know the status of my complaint?

You will receive periodic updates. While we will do our best to keep you informed as to the status of the complaint, some information may be confidential under the Rules of the Law Society of Alberta and the Legal Profession Act.

How does the Law Society determine if the issue needs to go to a hearing?

The threshold test is applied to determine the next steps in handling a complaint. The test does not consider the intent of the person complained of. Rather it is the subjective experience of the complainant, viewed through the lens of the reasonable person, which establishes whether it has been met. If the complaint meets the threshold test, the matter may be referred to the Practice Review Committee and/or the Conduct Committee.

The purpose of a referral to the Practice Review Committee is to assess a lawyer’s practice in order to remediate recurring or continuing problems that may exist.
The Conduct Committee can either:
1. Direct the matter to a hearing
2. Send the lawyer to a mandatory conduct advisory
3. Send the matter back to Counsel for further investigation
4. Dismiss the complaint

If my complaint goes to a hearing, would I have to attend?

Hearings are typically public, though interested parties may apply to have all or part of a hearing held in private. Witnesses may be called to provide evidence and, as the lawyer, student or staff member who reported the complaint, you may be called as a witness. A support person can accompany you to the hearing.

Can I bring a support person with me along the way?

If the complaint proceeds to the investigation phase, we welcome the lawyer or student to have an external support person present to provide comfort and encouragement. The support person can also attend the hearing along with the lawyer or student.

What kind of sanctions could the lawyer or student who is the subject of the complaint face?

If found to have committed the conduct deserving of sanction, the lawyer or student who is the subject of the complaint could be:

Reprimanded
Fined
Suspended
Disbarred
Ordered to pay the costs of the hearing
Subject to an order that imposes conditions on the member’s suspension or on the member’s practice

Can I appeal?

If you believe the dismissal of your complaint is unreasonable you can appeal the decision.