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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. M.M. - Courtenay Provincial Court

Charges: Sexual Assault (police investigation).
Issue: Whether it was in the public interest to proceed with criminal charges.
Result: Mr. Johnson was able to persuade police that it was in the parties' best interest and not contrary to the public interest to resolve this matter through Restorative Justice. No charges were approved. no criminal record.

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

Charges: Fraud Under $5000 (police investigation).
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to assist our client to make civil restitution and to persuade police to not recommend any criminal charges. No charge was approved. No criminal record.

R. vs. J.P - North Vancouver Provincial Court

Charges: Assault; Breach of Undertaking (domestic).
Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed.
Result: Mr. Johnson was able to persuade Crown counsel to stay all of the criminal charges and to allow our client to enter into a peace bond. No jail. No criminal record.

R. vs. F.K. - Vancouver Provincial Court

Charges: Dangerous Driving; Obstruct/Resist Arrest (Reduced to MVA charge).
Issue: Whether the Crown would be able to prove that our client had the necessary element of  intent for a criminal conviction.
Result: Mr. Mines was able to persuade Crown counsel to proceed on a lesser charge under the Motor Vehicle Act of speeding relative to the road conditions. Our client was sentenced to a driving prohibition. No criminal record.

R. vs. E.Z. - Vancouver Provincial Court

Charges: Assault with a Weapon; Possession of a Weapon for a Dangerous Purpose.
Issue: Whether there was a substantial likelihood of a criminal conviction.
Result: Mr. Mines was able to persuade Crown that there were flaws in the evidence and that a conviction was highly unlikely. No charges were approved. No criminal record.

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

Charges: Assault; Theft Under $5000.
Issue: Whether our client was acting to defend his spouse when he physically engaged with the complainant.
Result: Mr. Mines was able to provide further evidence to Crown counsel which persuaded Crown that there was no substantial likelihood of a conviction. Complete stay of proceedings. No criminal record.

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

Charge: Sexual Assault.
Issue: Whether there was merit in moving forward with the prosecution.
Result: Mr. Johnson was able to provide information to Crown counsel that led to Crown concluding there was no substantial likelihood of a conviction. Stay of proceedings. No jail. No criminal record.

R. vs. D.M. - Burnaby RCMP Investigation

Charges: Sexual Interference; Invitation to Sexual Touching; Assault.
Issue: Whether the evidence would lead to charges being approved.
Result: Mr. Mines was able to guide our client through the police investigation and to ultimately persuade the investigating officer that the evidence of the complaint was not reliable. No criminal charges were forwarded to Crown counsel.

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

Charge: Assault Causing Bodily Harm (Reduced to Peace Bond).
Issue: After directing our client through a course of self rehabilitation, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to stay the criminal charge upon our client being placed on a peace bond. No criminal record.

R. vs. S.K. - North Vancouver Provincial Court

Charge: Driving while Prohibited.
Issue: Whether our client would be sentenced to the mandatory minimum 12 month driving prohibition.
Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser charge of driving without a valid drivers license. Our client was sentenced to a fine. No driving prohibition.

R. v. P.Z. - North Vancouver RCMP Investigation

Charges: Sexual Interference; Invitation to Sexual Touching; Assault.
Issue: Whether the evidence would lead to charges being approved.
Result: Mr. Mines was able to guide our client through the police investigation and to ultimately persuade the investigating officer that the evidence of the complaint was not reliable. No criminal charges were approved.

R. vs. N.D. - Port Coquitlam Provincial Court

Charges: Invitation to Sexual Touching (x2).
Issues: To what extent the court would consider our client's remorse and rehabilitation when passing sentence.
Result: Notwithstanding that our client was in a position of trust and the Crown had originally sought a sentence of 12 months jail, Mr. Mines was able to persuade Crown counsel and the Court that the appropriate sentence was 90 days, to be served on weekends.

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.