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the case
The Alberta Court of Appeal recently provided guidance on how a disciplinary panel might consider a registrant’s medical conditions or personal stress when imposing a sanction. The Court further expanded on this issue by noting how a registrant’s medical evidence might be considered at both the merits and sanctioning stage.
In Beaver v Law Society of Alberta, 2024 ABCA 354, the appellant brought an appeal of both the merits decision and the sanction imposed on him under the Legal Professions Act. The appellant argued, among other grounds, that the hearing committee minimized and therefore failed to properly consider the evidence presented at the hearing stage with respect to the appellant’s depression and alcoholism. The hearing committee’s decision reflected that the committee had considered the presented medical evidence, but ultimately found this evidence of little weight. This was, in part, because it was not clear the opining professionals were presented with an accurate account of the severity of the misconduct, and further, because this evidence was outweighed by the need to protect the public and the reputation of the legal profession.
our two cents for free
If medical evidence is presented it may be considered at both the merit hearing stage and the sanction stage. First, is there medical evidence that links the registrant’s condition to the misconduct, either as a cause or contributing factor? If so, the next step is to determine the extent to which the medical condition should impact the sanction. At this stage, the condition may influence the sanction in two key ways: it could lessen the severity of the blame attached to the conduct, and it may suggest that treatment has lowered the likelihood of future misconduct.
question
How can you prepare your hearing tribunal members to consider medical evidence in the future, at both the merits and sanctioning stages?
Eye on Regulation is RMRF’s monthly newsletter for the professional regulatory community. Each month we offer:
- A Case: a (very) brief summary of a recent and relevant case;
- Our Two Cents for Free: practical insight inspired by the files on our desks right now; and
- A Question: something to get you thinking about ways to enhance your work.
This newsletter is for information only and does not constitute legal advice.
