Winnipeg lawyer agrees not to represent young clients after pleading guilty to professional misconduct

A Winnipeg lawyer has pleaded guilty to professional misconduct agreed not to represent youth on criminal matters after Manitoba's law society found she didn't do enough to ensure a young client with fetal alcohol spectrum disorder understood the guilty plea he entered.

Gisele Rita Champagne, who was called to the bar in 1992, entered her guilty plea to the Law Society of Manitoba following a hearing in October. The charge was of professional misconduct for failure to provide service to her client that was competent, timely, conscientious, diligent, efficient and civil.

Champagne has been ordered to pay a fine of $1,500 and a $2,000 contribution to costs. She also voluntarily gave an undertaking not to represent any young person on criminal matters.

The society wrote the undertaking "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 their clients are fully informed," the society wrote in its decision.

According to the decision, Champagne has had four previous disciplinary proceedings before the society. In the most recent proceeding, from 2012, she pleaded guilty after the society says she took a young client's instructions to accept an adult sentence without ensuring he understood the consequences.

Champagne declined to comment on the matter and directed CBC News to her lawyer, who could not be reached.

Guardian not involved in plea: decision

According to the decision, Champagne met with a young client in May 2017, three days after he was arrested and charged with robbery and wearing a disguise. The decision says Champagne had acted for the client multiple times between 2014 and 2017, and so was familiar with his background, including the fact he was a ward of the Director of Child and Family Services and that he had been diagnosed with FASD.

The decision says a 2015 assessment of the youth found he was grossly academically delayed and had severely impaired verbal comprehension.

Champagne obtained preliminary disclosure from the Crown and reviewed it with her client, according to the decision. The document says she then took instructions from him to enter a guilty plea to the charge of robbery and request a pre-sentence report.

After the guilty plea was entered, the presiding judge requested to have the facts read into the record. At that point, it became clear the defence and Crown hadn't agreed on the facts, the decision says, and there was a dispute about whether the youth had been wearing a disguise. His social worker came to court and expressed concern that a guilty plea had been entered without the involvement of his guardian.

The judge allowed the guilty plea to be withdrawn.

Should have ensured client understood ramifications: law society

After that, the youth changed lawyers and entered a guilty plea to robbery. The Crown agreed to stay the charge of wearing a disguise, the document says.

The panel wrote Champagne had benefited from direction following her previous disciplinary proceeding.

"However, given the client's deficits, Ms. Champagne needed to take the time to ensure the ramifications of his plea. She needed to be clear on the facts to which her client was pleading," the society wrote.

"Moreover, she should have ensured that the client's guardian was informed and had input into the decision. She acted too hastily and did not provide proper service to her client."