Suspended by the board of directors of the bar, an ex-lawyer will not be able to reintegrate the profession as long as it will not submit to a medical examination.
The Professions Court confirms the decision of the Quebec Bar to suspend a lawyer who refuses to submit to a medical examination.
According to the Professional Tribunal, there is no matter to invalidate the decision of the board of directors of the bar rendered on April 20, 2022 in the file ofAngela Joshi.
This is the conclusion to which the judges of the Court of Quebec come from it Érick Vanchestein, François LeBel et Thierry Nadon In a decision rendered on July 2.
The Quebec bar was represented by me André-Philippe Mallette and by me Charlotte Gilbert-Adamswhile the appellant represented herself alone.
In October 2017, the ex-spouse of the appellant filed a divorce request. The procedures have stretched over several years and have been the subject of numerous judgments of the family chamber of the Superior Court.
They attracted the attention of the chief judge of the Superior Court, Jacques R. Fournierin June 2021. The latter reported to the syndic of the Quebec bar the content of the words deemed “unacceptable, even inappropriate” made by Agela Joshi in written communications addressed to judges.
Although sensitive to the personal situation of Ms. Joshi, the assistant union suggested that a medical examination procedure is undertaken, believing that the conduct of the lawyer raised “an important concern about the state of their mental health”.
In November 2021, the board of directors of the bar ordered Ms. Joshi to submit to a medical examination, invoking reasons to believe that her condition was incompatible with the exercise of his profession.
A hearing was held to determine if urgent measures were necessary. Ms. Joshi then filed a “voluntary commitment” in which she undertook not to practice law. This promise initially convinced the Council not to impose urgent measures.
However, after several reports of the medical examination, Ms. Joshi finally refused to submit to it.
This refusal led to a new hearing and, on April 20, 2022, the Council decided to suspend its right to exercise professional activities.
The Council notably retained that Mrs. Joshi had herself recognized her incapacity to exercise the profession of lawyer and that her refusal of the examination prevented her capacity.
A proposal from the bar to withdraw his name from the directory and register his commitment to the order of the Order, in place of the suspension, was rejected by the lawyer.
Ms. Joshi appealed to this suspension before the Professor Tribunal, also requesting the cessation of procedures and damage for loss of income.
Only the appeal of the suspension decision of April 20, 2022 was deemed admissible by the Professor Tribunal, previous decisions, that is, the medical examination order and the non-taxation of initial urgent measures, not being subject to appeal or having exceeded the deadlines.
According to the court, the bar had full authority on Mrs. Joshi as a member written in the order of the Order, even if it did not actively practice.
Vanchestein, Lebel and Nadon judges also believe that the council had sufficient reasons to order the medical examination.
By maintaining the decision of the bar, the Professor Tribunal reaffirms that the medical examination process aims to protect the public and that the refusal to submit to it justifies administrative measures.
The suspension of Angela Joshi’s right of practice therefore remains in force as long as a medical examination has not been carried out.
In the summer of 2020, Angela Joshi had campaigned to represent Martin Carpentier, the father of the Little Romy and Norah Carpentier, dead murdered in Saint-Apollinaire. The latter, who ended his life, was then still wanted by the police.
The one who was then still a lawyer had explained to the right-in to have founded juripa after having, according to her, lost custody of her two children.
Law has not been able to join it in order to collect its comments on the decision of the Professional Tribunal.