• Our Areas of Practice

    We defend all criminal charges with skill and dedication.

    Vancouver at night

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. C.B. - Vancouver Police Investigation

Charge: Possession of proceeds of crime.
Issue: Whether there was any lawful authority to arrest our client and seize funds from him.
Result: Mr. Johnson was able to persuade the investigating officer that there was no basis to search our client and to return the $2400 cash that he had seized. No charges approved. Not criminal record.

R. vs. R.L. - Surrey Provincial Court

Charge: Assault.(domestic)
Issue: Given the rehabilitative steps we were able to guide our client through, whether our client would be convicted of assaulting his son.
Result: Notwithstanding the breach of trust, after hearing Mr. Mines' submissions, the court granted our client a 12 month conditional discharge.

R. vs. S.B. - New Westminster Provincial Court

Charge: Public Mischief x2; Assault Police Officer.
Issue: Given our client's personal circumstances and his rehabilitation, whether there was a public interest in proceeding with the criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to allow our client into the Alternative Measures Program and, upon its completion, to direct a stay of proceedings. No criminal record.

R. v. A.M. - Vancouver Provincial Court

Charge: Assault.
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to guide our client through a course of rehabilitative steps and was then able to persuade Crown counsel to direct a stay of proceedings. no criminal record.

R. vs. M. P. - Vancouver Provincial Court

Charge: Assault Police Officer, Obstruct Police Officer.
Issue: Whether, in the circumstances, the police lawfully arrested our client.
Result: Mr. Mines was able to persuade Crown counsel that the arrest was unlawful and that, therefore, our client was able to resist the arrest. Stay of Proceedings prior to trial. No criminal record.

R. vs. S.H. - Vancouver Police Investigation

Charge: Assault.
Issue: Whether the evidence was sufficient to support a criminal prosecution.
Result: Mr. Johnson made representations to the investigating officers which ultimately persuaded police to not forward any charges to Crown counsel. No criminal record.

R. vs. H.J. - Surrey Provincial Court

Charge: Unlawful Storage of Firearms.
Issue: Whether it was in the public interest to proceed with the criminal charge.
Result: Mr. Mines was able to persuade Crown counsel to direct a stay of proceedings upon our client agreeing to a 5 year firearms prohibition. No criminal record.

R. vs. T.Y. - Vancouver Provincial Court

Charges: Domestic Assault (x2).
Issue: Given the extensive rehabilitative steps our client took, whether it was in the public interest to proceed with the charges.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on both charges. Our client was able to reconcile with his family. No criminal record.

R. vs. M.R. - Vancouver Provincial Court

Charge: Mischief Under $5000.
Issue: Whether it was in the public interest to proceed with the charge, given the excessive force used in arresting our client.
Result: Mr. Johnson provided information to Crown on our client's behalf and was able to persuade Crown to enter a stay of proceedings. No criminal record.

R. vs. J.T. - Surrey Provincial Court

Charges: Assault; Resist /Obstruct Police.
Issue: Whether there was a substantial likelihood of a conviction and whether there was a public interest in proceeding with the charges.
Result: Mr. Johnson provided Crown with additional information regarding the alleged facts of the assault complaint and the excessive force used by police in arresting our client.  Ultimately Mr. Johnson persuaded Crown counsel to stay the proceedings on both charges. No criminal record.

R. vs. J.M. - Vancouver Provincial Court

Charge: Assault Causing Bodily Harm.
Issue: Whether it was in the public interest for our client to receive a conviction on this charge.
Result: Mr. Johnson was able to persuade the Court to grant our client a conditional discharge. No conviction.

R. vs. T.A. - Vancouver Provincial Court

Charge: Commit Indecent Act.
Issue: Whether it was appropriate for Crown to proceed with the charge.
Result: Mr. Mines was able to present information on our client's behalf and was able to persuade Crown counsel that there was no longer any public interest in proceeding with this matter. Stay of proceedings. Warrant cancelled. No criminal record.

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.