Winnipeg lawyer barred from defending youth

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This article was published 17/11/2018 (2546 days ago), so information in it may no longer be current.

A Winnipeg lawyer has agreed not to defend any young person charged with a criminal offence, after being found guilty of professional misconduct by the Law Society of Manitoba.

Gisele Champagne was fined $1,500 and ordered to pay the law society $2,500 in costs after pleading guilty before a discipline panel Oct. 26. The written decision was released Nov. 5.

Champagne has also agreed not to practise youth law.

In a five-page decision, the law society’s discipline panel said the decision “will ensure protection of the public.”

“This client population is often very vulnerable and lawyers must ensure that they take the time to make sure the clients are fully informed. By providing the undertaking, Ms. Champagne recognizes that her service to this population has, on occasion, fallen below the standards demanded by the code of professional conduct.”

The disciplinary panel was told Champagne was acting for a teenage client who wanted to plead guilty to robbery in 2017. The teen had been diagnosed with fetal alcohol spectrum disorder and was a ward of Child and Family Services.

During the youth’s sentencing, when the judge asked the facts of the case be read out, it became clear the Crown and Champagne did not agree on points, especially whether the youth was wearing a disguise during the crime.

As well, during the sentencing hearing, the youth’s social worker arrived and expressed concern the plea had been entered with no consultation with CFS.

The judge agreed to allow the teen to withdraw his guilty plea. The teen later changed lawyers, pleaded guilty to robbery, and the Crown dropped the charge of wearing a disguise.

“Given the client’s deficits, Ms. Champagne needed to take the time to ensure that the client understood the ramifications of his plea,” the panel wrote. “She needed to be clear on the facts to which her client was pleading. Moreover, she should have ensured that the client’s guardian was informed and had input into the decision.

“She proceeded too hastily and did not provide proper service to her client.”

The disciplinary panel’s written decision also noted it was the fifth time Champagne has been disciplined by the law society.

Champagne was issued a formal caution in 1999, after twice failing to appear in court and being “discourteous” to another lawyer. She received another formal caution in 2000, after scheduling matters in two separate courtrooms at the same time, causing one case to be adjourned.

Champagne was fined $1,000 in 2001, after pleading guilty to giving false information in her application for admission as a student in the bar admission program, and to putting a witness on the stand who she knew would damage her own client’s case.

Champagne pleaded guilty in 2012 to accepting instructions from a youth client with cognitive deficits, to plead guilty in adult court, without making sure he understood the ramifications of the decision.

She has worked as a lawyer since 1992.

kevin.rollason@freepress.mb.ca