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Equity Advisor

The Law Society's Equity Advisor, Sarah Sharp (she/they), can help lawyers, articled students, law students and support staff of legal employers with their concerns about bullying, discrimination, harassment and sexual harassment by a lawyer. 

Contact Sarah at equity@lsbc.org or 604.605.5303. 
* If your immediate safety is at risk, call 911.*

This service is free and voluntary, and all communications with Sarah are confidential as set out in Law Society Rule 10-2.1 (Communication with Equity Advisor and Practice Advisor confidential).

The Equity Advisor does not provide legal advice and cannot provide advice to the public. For legal assistance, see Finding a Lawyer and Legal Resources for the Public; additional details and resources are listed below.

What can the Equity Advisor do to help?

If something has happened that doesn’t sit right, Sarah can be your sounding board as you process the experience and navigate what to do next. Some examples of reasons to call:

  • You have experienced or witnessed bullying, discrimination, harassment or sexual harassment (see definitions, below).
  • You are concerned that a decision about someone’s employment was based on a personal characteristic protected by applicable law (e.g. refusing to employ or to continue to employ; assigning mentoring, training, work or pay inequitably; providing unequal opportunity for advancement).
  • You are concerned that a lawyer has made comments, jokes or innuendos that cause humiliation, embarrassment or offence, or that, by their nature and in their context, are clearly embarrassing, humiliating or offensive.
  • You are concerned that legal services were refused to a person on the basis of a personal characteristic protected by applicable law, or that higher fees were charged.
  • For more examples, see the Code of Professional Conduct for BC, section 6.3 – Harassment and discrimination.

Recognizing that each individual is going to have a unique set of needs and priorities, Sarah is available for multiple conversations which might take place over any period of time. While not a counsellor, Sarah understands the role that trauma may have in these situations and will help to identify supports and resources. Speaking with Sarah is “consequence-free” in that no steps will be taken in your matter without your consent. When appropriate, Sarah is available to assist with resolving concerns through informal mediation with the consent of those involved. Sarah also provides anonymized statistical overviews of the reports received, and supports the development and production of proactive measures in response to these issues in the profession (including outreach, presentations and resource development).

Please note: As Equity Advisor, Sarah is not able to provide substantive legal advice or advocate on behalf of individuals, and they do not conduct investigations or fact-finding.

Meet the Law Society's Equity Advisor

What is expected of lawyers?

The Code of Professional Conduct for BC sets out expectations of lawyers with respect to harassment and discrimination in section 6.3.

Lawyers are expected to respect the dignity and worth of all persons. A lawyer has a special responsibility to respect and uphold the principles and requirements of human rights and workplace health and safety laws, and to stay apprised of developments in the law pertaining to discrimination and harassment, applicable to them. The principles of human rights, workplace health and safety laws, and related case law apply to the interpretation of this Code rule [Discrimination] and to Code rules 6.3-2 (Harassment) to 6.3-4 (Reprisal). What constitutes discrimination, harassment, and protected grounds continues to evolve over time and may vary by jurisdiction. 

Code rule 6.3-1, Commentary [1]

Lawyers are expected to not condone or be willfully blind to conduct in their workplaces that constitutes bullying, discrimination, harassment, or sexual harassment.

Code rule 6.3-1, Commentary [7]; Code rule 6.3-2, Commentary [4]; Code rule 6.3-3, Commentary [3]

Lawyers are reminded that dishonourable or questionable conduct on the part of a lawyer in either private life or professional practice will reflect adversely upon the integrity of the profession and the administration of justice. Whether within or outside the professional sphere, if the conduct is such that knowledge of it would be likely to impair a client’s trust in the lawyer, the Society may be justified in taking disciplinary action. Generally, however, the Society will not be concerned with the purely private or extra-professional activities of a lawyer that do not bring into question the lawyer’s professional integrity (see Code rule 2.2-1 (Integrity), commentaries [3] and [4]). 

Code rule 6.3-1, Commentary [8]; Code rule 6.3-2, Commentary [5]; Code rule 6.3-3, Commentary [4]

 A lawyer must not engage or participate in reprisals against a colleague, employee, client or any other person because that person has:

(a) inquired about their rights or the rights of others;

(b) made or contemplated making a complaint of discrimination, harassment or sexual harassment;

(c) witnessed discrimination, harassment or sexual harassment; or

(d) assisted or contemplated assisting in any investigation or proceeding related to a complaint of discrimination, harassment or sexual harassment.

Code rule 6.3-4

What is bullying, discrimination, harassment or sexual harassment?

To begin, it is important to highlight that it is the impact of the behaviour — not the intention behind it — that determines if the behaviour is discriminatory or harassing.

Discrimination can be defined as the distinction, intentional or not, based on grounds related to actual or perceived personal characteristics of an individual or group, that has the effect of imposing burdens, obligations or disadvantages on the individual or group that are not imposed on others, or which withhold or limit access to opportunities, benefits and advantages that are available to other members of society. Harassment may constitute or be linked to discrimination. Distinctions based on personal characteristics attributed to an individual solely on the basis of association with a group will typically constitute discrimination. Human rights laws recognize some actions based on grounds related to actual or perceived personal characteristics of an individual or group are not discriminatory, including for example, establishing or providing programs, services or activities that have the object of ameliorating conditions of those individuals or groups. It is important to recognize that people are multi-faceted, and the intersection of overlapping and interdependent systems of discrimination they may experience. 

Code rule 6.3-1, Commentary [2]; see rule for details, including some examples in Commentary [6].

Harassment can be defined as an incident or a series of incidents involving physical, verbal or non-verbal conduct (including electronic communications) that might reasonably be expected to cause humiliation, offence or intimidation to the person who is subjected to the conduct. The intent of the lawyer engaging in the conduct is not determinative. Harassment may constitute or be linked to discrimination. 

Code rule 6.3-2, Commentary [1]; see rule for details, including some examples in Commentary [2].

Bullying, including cyberbullying, is a form of harassment. It may involve physical, verbal or non-verbal conduct. It is characterized by conduct that might reasonably be expected to harm or damage the physical or psychological integrity of another person, their reputation or their property. Bullying can arise in many different circumstances. 

Code rule 6.3-2, Commentary [3]; see rule for details, including some examples in Commentary [3]

Sexual harassment can be defined as an incident or series of incidents involving unsolicited or unwelcome sexual advances or requests, or other unwelcome physical, verbal, or nonverbal conduct (including electronic communications) of a sexual nature. Sexual harassment can be directed at others based on their gender, gender identity, gender expression, or sexual orientation. The intent of the lawyer engaging in the conduct is not determinative. 

Code rule 6.3-3, Commentary [1]; see rule for details, including some examples in Commentary [2]

Bullying and harassing behaviour does not include …

  • expressing differences of opinion; 
  • offering constructive feedback, guidance, or advice about work‑related behaviour;
  • reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment (e.g., managing a worker’s performance, taking reasonable disciplinary actions, assigning work).

From: Worker fact sheet: Workplace bullying and harassment | WorkSafeBC

How to report or make a complaint to the Law Society regarding concerns about bullying, discrimination, harassment or sexual harassment

The Law Society has a specific process for Complaints about Sexual Misconduct, Harassment or Discrimination.

Key things to know about this process:

  • there is no time limit within which a person needs to bring their complaint;
  • the person does not need to be a “complainant” in the process; they may choose to participate as a witness;
  • if you have questions about this process, call the dedicated hotline at 604.605.5305.

Legal assistance and advice

Legal information and advice will help you understand your rights and options. Finding a Lawyer provides a helpful starting point.

Additional Law Society resources

Communication

Well-being

Additional external resources

Note: This list of resources is not intended to be an endorsement of any organization and is not meant to be exhaustive. 

WorkSafeBC

If you have concerns or questions, you can contact the WorkSafe BC prevention information line to discuss an incident with an officer. 

WorkSafe BC provides information about procedures that are expected of employer and employees, at Bullying & harassment - WorkSafeBC.

Resources include:

The Workers’ Advisers Office provides workers and their dependents with free advice, assistance and, in some cases, representation on appeals of WorkSafeBC decisions. 

Human Rights Commissioner and Tribunal

BC’s Office of the Human Rights Commissioner (BCOHRC), the BC Human Rights Tribunal and the BC Human Rights Clinic at the Community Legal Assistance Society (CLAS) have launched a set of resources designed to help people understand the system and know who to talk to, including:

Criminal victim services

Supports


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