Shawn Beaver will be sentenced before Christmas for contempt of court
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| Shawn Beaver is expected to be sentenced for contempt of court before Christmas. (J. Penner Photo Co.) |
The Law Society of Alberta wants disbarred Edmonton lawyer Shawn Beaver sent to jail for one year for what it calls "egregious and flagrant" misconduct.
Beaver's lawyer has asked Court of Queen's Bench Associate Chief Justice John Rooke to consider community service and impose a fine instead.
Rooke will issue his written decision on sentencing before Christmas.
Beaver was disbarred in February 2017 after the Law Society of Alberta found he had stolen from clients' trust accounts. While the case was still being considered, the court issued an injunction prohibiting Beaver from doing any legal work.
In May 2020, Rooke determined Beaver had deliberately violated the injunction by using another lawyer as a shield to secretly practise law. He found Beaver guilty of contempt of court.
In a written sentencing submission to the court, the law society's Sharon Heine argued that Beaver also provided covert legal services to two of his friends and once even went to court to support a friend who was criminally charged.
Heine also noted that just a week after Beaver was found guilty of contempt in May 2020, he posted an ad on Kijiji titled, "Legal instruction from the best."
After the law society raised concerns, Beaver deleted the ad.
"To this date, Beaver refuses to accept that he is not entitled to practise law," Heine said in the submission. "The suggestion that financial desperation justifies a lack of compliance with the injunction order is a theme repeated by Beaver throughout these proceedings."
The law society argued that Beaver only apologized to the court after he was found guilty of contempt. It calls Beaver's apology "parsed and qualified,"noting he avoided making any specific admissions of wrongdoing or taking personal responsibility for his actions.
"It is the LSA's position that Beaver's apology is too little, too late," the court document states.
'Incarceration is a last resort'
A written sentencing submission from Beaver's lawyer Simon Renouf suggests Beaver had a turning point in late August 2020 when the law society was insisting on a jail term.
"Incarceration is a last resort," Renouf wrote. "He has made promises for the future and should be given that opportunity. He is of good character as shown by the evidence."
He argued that Beaver's apology was complete and straightforward, along with his promise to no longer practise law.
To support his sentencing submissions, Renouf presented eight letters written by Beaver's recent paralegal students at CDI College in Edmonton.
"We like Shawn and his teaching style. He knows the law and has a passion for it. He taught us to respect the law and its terms," one letter states.
Two of Beaver's adult daughters also submitted affidavits that were entered as exhibits, but they were not allowed to testify or be cross-examined at the sentencing hearing.
Erin Beaver defends her father, but not his past actions.
- Erin Beaver
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| Associate Chief Justice John Rooke will release his sentencing decision later this month. (Alberta Law Society) |
"He was left completely alone, and had no one, an empty wallet and a damaged reputation. The image in my head is a man being repeatedly kicked to the ground after a mistake he had made, given no ability to come out strong."
She begged the judge not to imprison her father.
"Leave him where he is needed with his family," she wrote. "Leave him where he belongs to work, in order to repay his debts. Putting him away will only delay this."
Those concerns were echoed by Beaver's lawyer who suggested that sending him to jail would lead to financial collapse for the family and the removal of lawful employment.
Beaver did not respond to a request from CBC for an interview.
He will find out in the next two weeks if he can spend Christmas with his family or in jail.
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