Lawyer rebuked for 'not a child' claim

Guilty of professional misconduct for arguing 14-year-old is ‘a sexually mature young woman'

- JACQUES GALLANT

A long-time Toronto lawyer has been reprimanded and reminded to avoid re-victimizing survivors of sexual violence after he was found guilty of professional misconduct for stating in court records on behalf of a children’s aid society that a 14- or 15-year-old girl is not a child, but a “sexually mature young woman.”

Gary McCallum had made the statement in an affidavit in 2018 while defending against a sexual abuse lawsuit on behalf of KenoraRainy River Districts Child and Family Services.

The law governing children’s aid societies in Ontario is clear that people under the age of 18 are children.

The incident sparked public outrage and political condemnation after it was revealed by the Star in 2019. Ontario’s legal regulator launched an investigation into McCallum, culminating in the discipline case against him. McCallum was found guilty of professional misconduct in March by a panel of the Law Society Tribunal.

Following a joint submission by the parties, the panel reprimanded McCallum last month and ordered that he pay costs of $15,000 to the Law Society. He was also ordered to take courses on topics including dispelling sexual assault myths and professionalism in litigation, which he has completed.