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.

Our 2019 Articling Survey Results reported that one in three students experienced discrimination or harassment during their articles. We want to encourage lawyers and students to come forward and report these 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, visit the Alberta Human Rights Commission website.

Safe Reporting: Step-by-Step

1. Lawyers, students or law firm staff members may contact our Equity Ombudsperson for a confidential discussion and/or
2. 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.
3. The discrimination or harassment related complaint is directed to our designated Conduct Counsel who has a background in social work and related training. Our designated Conduct Counsel has training in handling and supporting victims of harassment and discrimination including first responder training with Calgary Communities Against Sexual Abuse.
4. 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.
5. 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 Conduct Counsel also remains involved.
   2. If the complaint is routed to the Early Intervention process, the designated Conduct Counsel remains involved throughout resolution.
   3. 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.
6. If the complaint meets the threshold test, the matter will either go 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 Practice Review Committee can put conditions on someone’s practice or provide guidance on courses or other client and firm management resources.
   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 Conduct Counsel for further investigation
      4. Dismiss the complaint
7. 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.
8. 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.
9. 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
10. If the lawyer, student or staff member believes the dismissal of their complaint is unreasonable they can appeal the decision.