Elaine Craig is an accessory abettor at the Schulich School of Law at Dalhousie. Jocelyn Downie is the school’s James S. Palmer Chair in Public Policy and Law
The acknowledged profession charge change the way it responds to animal delinquency aural its own ranks. The ability of the profession – with its amusing power, history of elitism and macho ascendancy – makes it harder for women to allege out and easier for men to break silent.
Take the archetype of Gerald Regan, conceivably the Nova Scotia acknowledged profession’s best abominable animal predator. More than three dozen women – babysitters, ancestors friends, dates, secretaries, a announcer and a aldermanic folio – came advanced alleging that the above arch abandoned their animal candor over the advance of 40 years. These women appear detailed, and generally similar, adventures of animal aggravation and animal assault. Did a distinct advocate address the accessible abstruse of Mr. Regan’s declared animal delinquency to the law association over the advance of his six decades as a lawyer? Did the law association anytime investigate? We apperceive of no almanac of letters or investigations.
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Instead, in 2006, Mr. Regan was celebrated. The province’s law association awarded him a “special gold pin” and a affidavit for accepting been a affiliate of the Nova Scotia bar for 50 years. It feted him afresh at a accession in 2015. Why wasn’t he disbarred, instead of celebrated? Some altercate that Mr. Regan was acquitted of eight accuse of abduction and added animal offences, but the affirmation from dozens of added women was not afore the board and accuse involving abundant added women were, according to the Supreme Court of Canada, abominably stayed. The profession had a assignment to acknowledge through its own processes to Mr. Regan’s animal misconduct.
Two canicule afterwards Mr. Regan died, Nov. 26, 2019, media appear that Eric Durnford, addition abiding affiliate of the acknowledged profession in Nova Scotia, was accustomed a “consensual reprimand” for abundant acts of animal aggravation and animal bigotry against assorted women amid 2010 and 2018. Three changeable attorneys and one acknowledged abettor larboard their jobs, in allotment because of his misconduct.
Apparently Mr. Durnford’s animal delinquency in the abode was a accepted abnormality at his law firms. He was warned or “internally disciplined” on bristles abstracted occasions amid 2011 and 2017 because of the chicanery in his appointment or his “inappropriateness and unprofessionalism” against women. He began accepting counselling “to access acumen apropos able boundaries in his interactions with women” in 2015. Yet, the delinquency continued.
Lawyers were acquainted of Mr. Durnford’s sexually afflictive and abominable behaviour for years. Why was he acceptable to abide like this until retirement age?
That both of these men retained the honorific “Queen’s Counsel” appellation that follows their names – alike afterwards the adumbration of their animal delinquency – additionally illustrates a cultural declining in the acknowledged profession.
A able ability that tolerates, alike celebrates, men who appoint in adverse animal behaviour makes it about absurd for women to allege out about their experiences. Law societies charge to be allotment of the solution, not allotment of the problem.
Law societies permit, but do not require, their associates to address accepted animal delinquency by added lawyers. The Codes of Conduct for attorneys accompaniment that “A advocate charge not sexually annoy any person” and addendum that “A advocate has a appropriate albatross to account the requirements of animal rights laws in Canada.” This access is not enough.
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Law societies charge to change their rules to crave attorneys to address added attorneys whom they accept reasonable area to accept accept affianced in animal aggravation or animal assault. Attorneys who are the victims of addition lawyer’s animal delinquency should not be appropriate to report. Third-party advertisement should anonymize the name of the victim, unless they appeal otherwise. Attorneys can’t address advantaged information. But, otherwise, attorneys should be appropriate to acquaint their law association of abnormal animal behaviour rather than alone blank it, ambidextrous with it internally or casual the botheration advanced to added firms by enabling attorneys to transfer. Law societies should discipline, not celebrate, those who appoint in this misconduct.
A mandatory-reporting aphorism for professionals is not unprecedented. In Alberta, doctors charge address amateurish conduct. In Nova Scotia, doctors charge address bent behaviour. Attorneys beyond Canada are already appropriate to address added types of bent and amateurish behaviour. Animal aggravation and animal advance should be added to this list.
Journalists, assuming artists, chefs and others accept angry to the acknowledged profession for help, to advance for a aloof acknowledgment to their #MeToo and #TimesUp moments. When will the acknowledged profession acknowledge appropriately to animal delinquency aural its own ranks?
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