B.C. lawyer who sent 'offensive' email fined $6K

A B.C. lawyer who sent an "offensive, discriminatory and profane" email to a University of Toronto lecturer while under the effects of strong painkillers has been ordered by the B.C. Law Society to pay $6,000.

According to an Oct. 5 Law Society of B.C. decision, veteran corporate lawyer Robert Phillip Cherniack later apologized for the email saying it was "nasty, vicious and uncalled for" and "expressed horror" that he'd used "callous, crude, and hateful language."

However, this didn't stop the law society from taking action against him.

The decision says Cherniack is a supporter of B’nai Brith – an independent Jewish Human Rights organization.

"Concern about antisemitism has been a significant feature of (Cherniack's) family life as their grandmother lost her entire family in the Holocaust," the decision reads.

In February 2021, Cherniack watched a forum hosted by Carleton University, titled "Challenging the Narrative: Is Anti-Zionism Anti-Semitic?"

The unnamed University of Toronto lecturer who sits on the executive committee of Independent Jewish Voices Canada made remarks during the forum.

Cherniack didn't know who the lecturer was, but was so offended by his remarks, he tracked him down and sent him the email.

However, prior to sending the email, Cherniack took 10 milligrams of oxycodone to deal with the pain he was in, which had resulted from a car crash several months before. The decision says it was the first time he'd taken his pain medication in several months.

The decision doesn't say what the email said but states Cherniack used "homophobic and racist words."

The University lecturer then reported the issue to the B.C. Law Society.

The decision says when contacted by the Law Society, Cherniack didn't remember the email immediately but then began to recall sending it.

Cherniack promptly emailed the lecturer repressing his remorse and "shame" for the language he'd used.

The lawyer said he thought his thinking was "clouded" by the use of the painkillers and had asked if the two could speak on the phone so he could apologize to him personally.

The Law Society said that while the conduct had taken place "completely outside the scope of the profession" it still called for disciplinary action.

"The Communication was offensive, discriminatory and profane," the Law Society said. "In a society that embraces ideals such as promoting 'a climate of understanding and mutual respect where all are equal in dignity and rights,' the communication was a grave affront.

"It is perplexing that someone who is sensitive to intolerant views based on family history engaged in using language that is insulting, hurtful and discriminatory," the Law Society said.

The Law Society said it accepted that Cherniack had taken narcotics to treat his pain prior to sending the email.

"While these factors do not excuse the actions… (Cherniack) took, they do help to explain what was a substantial and seemingly uncharacteristic lapse in judgment," the Law Society said.

The Law Society said it accepted that Cherniack had assumed responsibility and acknowledged that his words were "utterly inexcusable."

Ultimately, the Law Society issued Cherniack a $6,000 fine to be paid to the Canadian Centre for Diversity and Inclusion, and not the Law Society as is customary.

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