Appellant (a lawyer) was convicted of drug trafficking. The Law Society embarked upon a investigation pursuant to s 55 of the Legal Profession Act (LPA) regarding the seizure of phone / computer records, and ultimately obtained a court order directing compliance pursuant to 55(3). Issue regarding constitutional validity of s 55 LPA.
Held: s. 55 LPA is constitutional
Although s 55 departs from the reasonable grounds standard, given the regulatory purpose of the law (as opposed to criminal), a more flexible approach to the standard of reasonableness is appropriate: Goodwin, [2015] 3 SCR 250. The primary objective of the regulatory scheme set out in the LPA is the protection of the public. Law Society cross-appeal also dismissed. It was reasonable for the judge acting under s 55(3) to impose conditions regarding the proposed seizures. “S 55 does not create a judicial rubber stamp”.
S. Renouf – Defence Counsel