Under the Law Society Act, every candidate for a lawyer or paralegal licence in Ontario must be of good character, assessed through a good character questionnaire completed as part of the licensing process. A disclosed criminal record, finding of academic or professional misconduct, or other relevant history can trigger further review and, in some cases, a formal good character hearing before a licence can be granted or refused. A hearing is specifically required before an application can be refused on good character grounds. The assessment focuses on the candidate's character at the time of the hearing, not simply on punishing past conduct, and factors such as the nature of the conduct, how long ago it occurred, and evidence of genuine rehabilitation are all considered.
- Every licensing candidate must complete a good character questionnaire disclosing relevant past conduct, including criminal records and misconduct findings.
- A disclosed issue can trigger further investigation and, in some cases, a formal good character hearing before a licensing panel.
- A hearing is specifically required before an application can be refused on good character grounds — it cannot simply be denied on paper.
- The legal test focuses on character at the time of the hearing, not solely on punishing the underlying past conduct.
- Relevant factors include the nature and seriousness of the conduct, how long ago it occurred, and evidence of genuine rehabilitation since.
- This is a genuinely evolving area — a significant recent appellate decision has reshaped how good character findings are reviewed, so current guidance matters more than older commentary.
The Short Answer
Under the Law Society Act, every candidate for a lawyer or paralegal licence in Ontario must demonstrate they are of good character. A past criminal record or misconduct finding does not automatically disqualify a candidate — it triggers a review process, and in some cases a formal hearing, that assesses the candidate's character as it stands today, not simply whether the past conduct was serious.
The Good Character Questionnaire
Every candidate completes a good character questionnaire as part of the licensing process, disclosing matters such as criminal charges or convictions, findings of academic or professional misconduct, and other conduct bearing on character. This questionnaire is where the process starts — how it is completed, and what is or isn't disclosed, shapes everything that follows.
Failing to disclose something relevant can become a separate character issue in itself, often more damaging than the underlying conduct would have been if disclosed honestly and completely from the start.
What Can Trigger Further Review
A disclosed criminal record, a finding of misconduct at a prior institution or in a prior profession, or other relevant conduct can prompt further investigation by Law Society staff. Depending on what that review finds, the matter can be referred for a formal good character hearing before a licensing decision is made.
The Good Character Hearing
Critically, a hearing is specifically required before an application can be refused on good character grounds — an application cannot simply be denied on a paper review alone. At a hearing, the candidate can present evidence about the underlying conduct, the surrounding circumstances, and what has changed since, similar in structure to other regulatory discipline hearings in Ontario, though focused on a licensing decision rather than discipline of an existing member.
The Legal Test: Character Today, Not Just the Past
The assessment is not simply about how serious the past conduct was — it is about whether the candidate is, based on all the evidence, of good character at the time of the hearing. Relevant factors generally include the nature and seriousness of the conduct, how much time has passed, and credible evidence of genuine change or rehabilitation since. A panel is generally not simply deciding whether to forgive past conduct — it is deciding what the evidence shows about the candidate's character now.
Passage of time alone does not guarantee a favourable outcome, and neither does a single positive reference. Panels generally look for a genuine, demonstrated pattern of change, not just the absence of further incidents.
A Developing Area of Law
This is an area where the law has genuinely moved in recent years, including a significant Ontario Court of Appeal decision specifically addressing how good character findings in this context should be reviewed. Anyone relying on older articles or general commentary about good character hearings should confirm it against current guidance, since this is exactly the kind of area where outdated information can mislead. A refused application can, in limited circumstances, be revisited later — a process with some conceptual overlap with reinstatement after suspension for already-licensed professionals, and a candidate who disagrees with a good character finding has routes comparable to appealing a discipline decision in Ontario.
What to Do If You Have a Disclosure Concern
If you have a criminal record, a past misconduct finding, or any other matter you believe may need disclosure, get advice before completing your questionnaire — not after an issue is flagged. How something is initially disclosed and framed can meaningfully affect what happens next. The underlying principles here overlap with how colleges generally handle other serious findings — see our guides on mandatory revocation for sexual abuse findings, how long findings stay on the public register, and, for professionals already licensed, social media and professional discipline risks. If your past conduct involved a healthcare setting, our guide on CPSO physician discipline in Ontario may also be relevant. Call 416-274-2222 for a free, confidential consultation.
Frequently Asked Questions
No, not automatically. A criminal record is a factor in the good character assessment, not an automatic bar. The specific nature of the conduct, how long ago it occurred, and evidence of rehabilitation since are all considered as part of the overall assessment.
It is a mandatory part of the Law Society licensing process where candidates disclose relevant past conduct — including criminal charges or convictions, findings of academic or professional misconduct, and other matters bearing on character — for the Law Society to assess.
It can lead to further investigation by Law Society staff and, depending on what is found, a referral to a formal good character hearing before the application can proceed to a decision.
No. A hearing is specifically required before an application can be refused on good character grounds — this protects candidates from having an application denied purely on a paper review.
The panel generally considers the nature and seriousness of the disclosed conduct, how much time has passed, the candidate's conduct and circumstances since, and whether the evidence shows the candidate is, as a matter of their character at the time of the hearing, suited to be licensed — not simply whether the past conduct was serious.
It continues to evolve. A significant recent Ontario Court of Appeal decision specifically addressed how good character findings in this context should be reviewed, which means older online commentary may not reflect the current state of the law — confirm current guidance rather than relying on an outdated source.
If you have anything potentially relevant to disclose, getting advice before submitting the questionnaire — not after a concern is raised — is generally the better approach, since how an issue is initially framed and disclosed can matter significantly.