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Privileged and Confidential

Women outnumber men in Canadian law schools. But several years into their careers, women are leaving their positions in law firms — and the profession more broadly — in disproportionate numbers, many citing sexual discrimination and harassment as their motivation.

An unprecedented analysis of complaints before criminal and civil courts, law societies and human rights tribunals by IJB reporters shows hundreds of cases of alleged sexual misconduct against lawyers from the public and those within the profession. Ontario’s Law Society alone has received more than 1,200 complaints over the past two decades — over half from lawyers, articling students and legal staff — alleging sexual discrimination and harassment.

Dozens of female lawyers interviewed say coming forward led to serious professional repercussions so the issue remains a well kept secret, largely thanks to widespread fear of retaliation many feel about pursuing complaints against lawyers who hold an elevated social position of public trust and privilege.

Ashley Chand: 'It's not OK to tell someone they can't talk about this with their friends, family.' Photo by NICK PROCAYLO /Postmedia

NDAs to hush up alleged sexual misconduct are under fire. ‘I can’t agree to this’

Ashley Chand spent more than a decade working her way up through the ranks of human resources and administration positions at some of Vancouver’s most prestigious law firms. Despite growing ethical and legal debate over NDAs, they remain widely used, leaving sexual harassment complainants like Chand with a stark choice: sign it in exchange for money and a reference letter or risk a high-stakes legal battle and potential career alienation.

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Lady Justice stands on the desk of a lawyer where a client signs papers.

What the Law Society of Ontario isn't telling you about your lawyer

Toronto criminal defence lawyer Andrew Menchynski’s professional profile on the Law Society of Ontario website is spotless. It lists no current or past regulatory issues and no restrictions on his practice. What the public can’t see is that since September 2022, Menchynski had been subject to criminal charges for alleged assault, forcible confinement and possession of a weapon, a 12-month peace bond, a regulatory investigation, two Law Society undertakings and an 11-month suspension from his practice.

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Ontario's law society head is 'deeply troubled' by the level of sexual harassment and discrimination in the profession

The head of Ontario’s law society says she is “deeply troubled” by the level of sexual harassment, violence and discrimination within the profession. Jacqueline Horvat said many colleagues reached out to her “expressing their concerns” in the wake of an investigation by the Toronto Star and the Investigative Journalism Bureau, which shone a light on how entrenched power imbalances in law have given rise to a culture of sexual impropriety that protects alleged wrongdoers from accountability.

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