Two BC lawyers suspected of playing tricks narrowly escape contempt finding

Two BC lawyers, including one from Kelowna, narrowly escaped a contempt of court finding and instead got a rare and severe dressing down by a Supreme Court Justice.

Jerry Steele and Dale Melville were both representing Nathaniel Puttonen, a Vancouver man accused of five counts of sexual assault — ‘pantsing’ young males in public places, like waiting for the bus. While the Crown eventually stayed those charges, the focus of Justice Shelley Fitzpatrick quickly changed to the competency or tactics of his two lawyers.

Puttonen elected to be tried by a BC Supreme Court justice and jury and Fitzpatrick explained in detail the court’s and Crown’s efforts to ensure the trial happened on time, including bizarre and inexplicable communications from both defence lawyers. She described the logistical difficulties of arranging juries and schedules of busy lawyers and judges and the importance of keeping dates. 

But the comedy of errors continued Jan. 6, 2026, the first day of the trial, when neither lawyer nor the accused arrived to court for a pre-trial hearing. One lawyer said he was double-booked for that day but didn’t bother informing anyone. The other opted to try appearing by video from the Lower Mainland — late — without permission. Puttonen later said he had no idea he was supposed to be in court that day, neither lawyer informed him.

The justice took offence, then demanded they explain their actions in a separate hearing to consider if they were in contempt of court. While she decided against it, Fitzpatrick put both lawyers on notice.

“I will not leave these reasons without expressing in the strongest terms that their conduct is not condoned or accepted. Mr. Melville and Mr. Steele’s tag team of ad hoc advocacy and delay should end here. Their behaviour is unacceptable and, if repeated, may very well result in another hearing similar to this one,” Fitzpatrick wrote.

It sounds like a lot of ‘insider’ lawyer business but the tactics the lawyers were accused of using have real world consequences. Fitzpatrick explained courts are under strict deadlines set by the Supreme Court of Canada for dealing with criminal cases. That same decision implored all parties to work together, but that’s clearly not happening. 

She suggested some lawyers are exploiting those tensions with non-compliance and exaggerating the complexity of their cases. In 2024, the court’s annual report noted a “significant increase in the number of long or particularly complex criminal cases” in the last five years.

She noted an increasing number of sexual assault cases going to jury trials, which necessarily adds logistical complexity. The courts “struggle” with limited resources, she said.

Her decision also noted that with an elevated status in society as officers of the court, lawyers must maintain the dignity of the institution while defending.

“Seen in this light, a lack of respect for the time and resources of the Court in convening matters as a result of last minute adjournment applications or adjournment applications brought on shaky grounds is a serious concern.”

Somewhat ironically, the published decision is replete with spelling errors and mistakes. In one paragraph, Fitzpatrick admonished Melville for seeking to avoid in person hearings for lower mainland clients just because he practices in the Okanagan. Only Steele is the lawyer in Kelowna, not Melville.

“Mr. Melville and Mr. Steele have done a disservice to the many BC defence counsel who live up to their duties and responsibilities to this Court and the administration of justice, as rightly expected by this Court and the public,” she wrote. “It has been said many times before — but I will again emphasize it here — that lawyers are expected to advance, not impede the administration of justice in this Court. Thankfully, most counsel do that, or the criminal justice system indeed would fall into paralysis.”

Both lawyers have 13 years’ experience.