Canada, Sports

The View From Up North: Prominent Lawyer Steps Down From His Firm Amid Scandal

Deeply troubling allegations against a high-profile lawyer.

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If you’re a sport-lovin’ lawyer, until a fortnight ago lawyer Marcel Aubut lived a life you probably envy. He was president of the NHL’s Quebec Nordiques until 1995, when the team was sold to buyers in the snow-peaked state of Colorado. Aubut did not make many friends in Quebec by sending les Nordiques south, but he did make a bunch a money—reportedly $15 million. That much coin can certainly salve the wound that comes from seeing people in t-shirts that say, “Marcel Aubut: Wanted Dead or Alive.”

Aubut survived the controversy and ended up with another plum sports position in 2010—President of the Canadian Olympic Committee, a very prestigious appointment. The COC is the private, non-profit organization that supports Canadian athletes at the Olympic and Pan-Am Games. In addition to his COC duties, Aubut practiced law with the respected Quebec firm BCF, where he was un faiseur de pluie (a rainmaker—thank you Google Translate).

I say “was” because it all came to an end in recent weeks when Aubut resigned from both the COC and BCF amid troubling sexual harassment allegations.

It appears Aubut grew up in the Don Draper era and missed the train to the 21st century. The most troubling allegation is that in the 1980s, Aubut regularly fondled a 15-year-old hostess at Quebec City’s Colisée, where the Nordiques played. That unnamed woman, now middle-aged, recently told a Quebec media outlet that Aubut’s hand would “descend a little too low to the upper buttock” or his hand would climb “a little too high, with insistence” and brush her against her breast—her 15-year-old breast.

A powerful man. A young girl just trying to make some money, feeling helpless. “You try to avoid falling prey, but it’s not possible. He is very strong. There is no way to extricate yourself. You had to endure Marcel Aubut.”

Endure. Interesting word. It’s pretty much the opposite of thrive, which I bet we all wish for our daughters during their working lives.

Imagine going to work knowing your powerful boss, a rich and respected man, was lurking somewhere in the building? All you can do is pray you don’t run into him because you know he’s going to cop a feel. I wonder, did he smile while he was doing it? Act like it wasn’t happening? And what was he thinking? I’m going to rub your boob and there’s not a damn thing you can do about it, little girl.

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It appears the COC learned about the allegations of Aubut’s troubling behaviour as early as 2011. That’s when the Committee warned him to stop touching, kissing, and making sexual allusions to his female colleagues. It’s not clear that the warning worked; Aubut resigned a few weeks ago on the heels of a fresh sexual harassment claim brought by a COC colleague.

Aubut is known to be larger than life. He once told a reporter he was “born to make a difference”. He was certainly smaller than life and contrite at the media conference where he announced his resignation. He apologized several different times and noted that, “Society has changed, greater respect is required among individuals and more specifically between men and women.” Translation: I was living in the Mad Men era and this is the Walking Dead era. I have to get with the times.

I feel terrible for his alleged victims, especially the 15-year-old. Nobody should have to put up with sexual bullying. I fully support any victim’s right to be angry at Aubut. Furthermore, if she wants to pursue criminal or civil remedies against Aubut, no quarrel here.

If Aubut spends time in jail for his alleged misconduct, I don’t feel sorry for him. He’ll just have to endure his punishment.

Still, I believe in second chances. Forgiveness is a very powerful cleanser. Life is a long journey that requires others to forgive our turpitudes as we forgive those who turpitude against us.

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Aubut has decided to put his business life on hold while he seeks some professional help. That’s a great start. If he truly understands the seriousness of his behaviour, if he’s using this public embarrassment as a catalyst for real change, and he gets some professional counseling, I hope he returns to public life. And, in that event, I wish him well.

On the flipside, I hope his victims have found peace in their lives and, whatever transgressions they’ve suffered, are unaffected and happy.

And, of course, if Aubut returns I hope there are no more victims. Change is in your hands, Marcel. How you act towards women is in your hands—literally.

That’s the View From Up North. Have a safe week.

Steve Dykstra is a Canadian-trained lawyer and legal recruiter. He is the President of Steven Dykstra Law Professional Corporation, a boutique corporate/commercial law firm located in the greater Toronto area. You can contact Steve at [email protected]. You can also read his blog at stevendykstra.wordpress.com, follow him on Twitter (@Law_Think), or connect on LinkedIn (ca.linkedin.com/in/stevedykstra/).

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