A tribunal has ruled that a Toronto lawyer, Jagdeep Sikh Virk, can continue to practise despite facing serious criminal charges, including intimate partner violence and making death threats. The Law Society of Ontario had sought to temporarily suspend Virk or impose practice restrictions while the charges are pending.
Virk, 47, was originally charged with two counts of sexual assault, four counts of assault, and one count of uttering threats related to incidents in 2024. He claims that the sex assault and assault charges were withdrawn on June 26 after the Crown reviewed the evidence he provided.
The tribunal panel dismissed the Law Society's motion, finding no risk to the public or the public interest in the administration of justice. The panel acknowledged that the allegations against Virk are serious and that the audio recordings relied upon by the Law Society contain language that is violent, misogynistic, threatening, and deeply troubling.
However, the panel also noted that the recordings do not exist in isolation and that there are inconsistencies in the complainant's story. The complainant had alleged that Virk made disturbing comments on an audio recording, including threats to kill and harm her.
Virk's lawyer, Nader Hasan, stated that they will not comment on specific pieces of evidence while the charge remains before the court. The Law Society argued that public confidence would be shaken if Virk was permitted to continue to practise, but the panel disagreed.
The panel's decision was based on the fact that the record contains significant unresolved issues about context, credibility, and the strength of the allegations. A reasonable member of the public would be troubled by a lawyer being removed from practice on an interlocutory basis before any finding of guilt or misconduct.
The Law Society has stated that it is reviewing the decision. Virk expressed his gratitude to the tribunal for making what he considers to be the right decision, and he looks forward to continuing to practise law.
