Lack of remorse vs. degree of insight, part two

By Natasha Danson ( September 18, 2024, 2:02 PM EDT) -- In part one of this two-part series, we examined how Canadian courts have approached a registrant’s lack of remorse for (or “acknowledgement” of) allegations when imposing disciplinary sanctions. We posited that the approach has been technical, inconsistent and difficult to apply. In this article, we propose that a “degree of insight” approach can sidestep the issue and bring a principled approach to discipline panels crafting suitable sanctions for professional misconduct. We believe the kernel of this modified approach is already found in some of the existing case law....