The Law Society brought a conduct application against a lawyer whose licence was previously suspended due to incapacity arising from mental illness.
The lawyer continued to make numerous court appearances while suspended, acting uncivilly and advancing pseudolegal arguments based on his claim to be an unconquered Métis individual not subject to the Law Society Act.
The Tribunal dismissed the lawyer's recusal motions and found that he engaged in professional misconduct.
The Tribunal established a unified framework for addressing mental illness in conduct applications and concluded that diversion to a capacity proceeding was inappropriate because the lawyer lacked insight into his illness, refused to cooperate, and posed a significant risk to the public.
