Alberta lawyer gives up licence, admits to improper relationship with complainant

A former Alberta Crown prosecutor gave up his law licence after he admitted Wednesday to having an inappropriate relationship with a complainant in a criminal case he was prosecuting.

The Law Society of Alberta cited Darwyn Ross for the inappropriate relationship earlier this year.

A panel of law society benchers accepted the former Lethbridge Crown prosecutor's resignation at a hearing, along with an agreed statement of facts that included his admission to engaging in the relationship.

The panel heard Ross was prosecuting a domestic violence matter in 2021 when he and the complainant in the case shared a number of meetings and communications that were of a "personal and sexual nature" while the case was ongoing.

"The complainant was in a vulnerable situation," Law Society lawyer Henrietta Falasinnu told the panel.

Falasinnu said the woman could've been a potential witness in the matter, and given that Ross had 20 years of law experience, he "should have known better."

Ross, who reiterated multiple times that he knew his actions were wrong, told the three-member panel that it was a consensual relationship between two "mature adults."

"I just also didn't want anyone to think that this was one-sided … despite the position I was in," he said.

Grant Vogeli, the chair of the panel overseeing the hearing, said consent wasn't the issue.

"She was a vulnerable person and you were in a position of authority as a lawyer," Vogeli said to Ross.

"I just want it to be clear that that type of behaviour is not acceptable for lawyers."

Ross also was cited for allegedly failing to "act honourably and with integrity" in relation to the same case. The panel heard that citation stemmed from emails Ross sent to the opposing defence counsel during proceedings.

Falasinnu said the defence counsel felt Ross was making suggestions for resolutions in a family law matter that was going on between the complainant and her spouse at the same time.

She said defence counsel felt the suggestions amounted to a "conflict of interest."

Since Ross's resignation means he will no longer be allowed to practise law, the panel said no additional sanctions were necessary.

Falasinnu said Ross's full co-operation in the investigation into his conduct, his otherwise clean disciplinary history and the fact that he hadn't practised law since 2021, were mitigating factors.

The panel decided Ross would be responsible for covering the costs of the hearing, though he will only need to pay that amount — just under $13,000 — if he decides to apply for his law licence to be reinstated.

The panel said a notice of Ross's resignation would be sent to all society members.

Ross was a practising lawyer in Alberta for 20 years, but hadn't worked in law since taking medical leave in 2021. He left the Crown's office the following year.

As a prosecutor in Lethbridge, Ross tried a few high-profile cases, including one where a teacher in a nearby Hutterite community admitted to abusing children with weapons for more than a decade.