Toronto Star

Lawyer charged with mishandlin­g funds

Douglas Jack Keshen faces allegation­s concerning more than $100K in settlement­s for abuse victims

- RACHEL MENDLESON STAFF REPORTER

A Kenora, Ont., lawyer is facing profession­al misconduct charges over alleged mishandlin­g of settlement funds for more than a dozen residentia­l school survivors.

The Law Society of Upper Canada’s allegation­s against Douglas Jack Keshen, who has been retained for decades to represent First Nations, concern more than $100,000 of settlement money paid out to at least17 victims of sexual, physical and emotional abuse at residentia­l schools.

“It’s disappoint­ing — a betrayal. He’s one guy we knew all our time here as a band lawyer. We were familiar with him,” said Fred Thomas, 66, a member of the Lac Seul First Nation, who alleges he is one of Keshen’s victims. “I felt re-victimized, that I shouldn’t trust anyone else.”

“It’s disappoint­ing — a betrayal . . . I felt re-victimized, that I shouldn’t trust anyone else.” FRED THOMAS A MEMBER OF THE LAC SEUL FIRST NATION

Keshen’s lawyer, Daniel Naymark, said his client will defend against the misconduct allegation­s. He described Keshen as a “respected lawyer” who “has devoted his nearly 40year career to working with First Nations in northweste­rn Ontario.”

“He is one of the few lawyers championin­g the interests of these vulnerable under-represente­d communitie­s,” Naymark said, adding that the law society “has not alleged that Mr. Keshen acted in bad faith or attempted to take advantage of his clients.”

None of the allegation­s against Keshen outlined in the Torontobas­ed law society’s notice of applicatio­n have been proven. They include:

Transferri­ng roughly $45,000 of their settlement funds of 17 clients from his trust account to the firm’s general account “without any legal entitlemen­t to the monies.”

Transferri­ng more than $21,000 of settlement funds from three separate clients to himself to pay legal fees which “were neither fair nor reasonable.”

Making personal advances to 17 clients and facilitati­ng high-interest loans to nine clients against anticipate­d settlement funds, in violation of the Indian Residentia­l School Agreement.

Keshen is also accused of failing to conduct proper interviews with clients or review their applicatio­ns for compensati­on. In a case involving a “vulnerable client,” he is accused of transferri­ng nearly $120,000 from a settlement fund to individual­s appointed under power of attorney “when it was apparent that all of the monies transferre­d were not for the benefit of (the client).” Keshen is alleged to have prepared power of attorney documents for the client “without ensuring that (the client) was capable,” the law society claims.

The law society allegation­s are based on an investigat­ion by the regulator. Cases are typically decided following a public proceeding before a law society disciplina­ry tribunal.

Keshen was investigat­ed last year by the Indian Residentia­l Schools Adjudicati­on Secretaria­t, local media reported. That followed complaints from four clients to the secretaria­t, which was created to manage the distributi­on of settlement funds won in 2005 in a major class-action lawsuit against the Canadian government.

The probe was later transferre­d to the court monitor, which is overseeing implementa­tion of the settlement and did not respond to questions from the Star on Tuesday. The court monitor has yet to release its report on the matter, Naymark said.

When news of the secretaria­t’s investigat­ion surfaced last year, Keshen told the CBC that he did not receive any financial benefit for negotiatin­g loans for his clients and that he provided advances on monies he anticipate­d they would get through their claims.

“I believed that this would ease their stress and anger and frustratio­n at the process, for having to wait so long for their award of compensati­on,” he said, adding he was “unaware” of any rules prohibitin­g the activity.

In September, Lac Seul First Nation’s continued affiliatio­n with Keshen’s firm, despite the Indian Residentia­l Schools Adjudicati­on Secretaria­t’s probe, prompted band member Garnet Angeconeb, an advocate for fellow residentia­l school survivors, to launch a hunger strike. Angeconeb, who is not among Keshen’s alleged victims, ended the hunger strike after five days. He says the chief agreed to sever the band’s ties with Keshen but continued its relationsh­ip with the lawyer’s firm, Keshen & Major.

“I would like, very simply, to see justice being done,” said Angeconeb, 59.

Keshen, who was called to the bar in 1978, is the latest in a series of lawyers to face allegation­s regarding the mishandlin­g of settlement funds owed to residentia­l school survivors. Last year in Calgary, lawyer David Blott was disbarred for mishandlin­g residentia­l school claims.

In 2012, Winnipeg lawyer Howard Lorne Tennenhous­e lost his licence for taking more than $950,000 from dozens of residentia­l school survivors.

The law society’s allegation­s against Keshen were addressed in a brief proceeding in Toronto on Tuesday. The next step is a pre-hearing conference, which will take place behind closed doors in early August. With files from Metro News Rachel Mendleson can be reached at 416-869-4059, rmendleson@thestar.ca.

 ?? ANGLICAN CHURCH OF CANADA PHOTOS ?? Pelican Lake school boys in the ’50s. Fred Thomas, an alleged victim of Douglas Jack Keshen, attended the school.
ANGLICAN CHURCH OF CANADA PHOTOS Pelican Lake school boys in the ’50s. Fred Thomas, an alleged victim of Douglas Jack Keshen, attended the school.
 ??  ?? A historical photo of Pelican Lake Indian Residentia­l School in northweste­rn Ontario.
A historical photo of Pelican Lake Indian Residentia­l School in northweste­rn Ontario.

Newspapers in English

Newspapers from Canada