Decision record
David Allen Kidd
Allegation / charges
Rule 4-29 Admission of Misconduct and Undertaking to Discipline Committee | Summary
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
David Allen Kidd, a Deputy Regional Crown Counsel in Nanaimo, was cited for failing to handle and disclose relevant Writings by a homicide victim (KM) in the R. v. Darling prosecution. A family member presented the handwritten Writings to him, but he did not take, read, preserve, disclose, or timely inform the newly assigned prosecutor or police about them; the documents were later lost/possibly destroyed and the prosecution was stayed. He admitted professional misconduct for failing to discharge his responsibilities honourably and with integrity. The Discipline Committee accepted a Rule 4-29 proposal under which he gave a five-year undertaking not to practise law and not to seek reinstatement, recorded on his conduct record. No express finding of dishonesty was made (the findings referenced 'ought to have known' and lack of integrity). No fine or costs were stated.
Duties found breached:
- No improper communication with the court
- Prosecutorial duty of disclosure
- Handle inadvertently received material
- No baseless or threatened misconduct report
- Good faith and courtesy to colleagues
Mitigating factors:
- Lack of prior professional conduct record
- Former member status (had voluntarily withdrawn membership)
- Admission of misconduct and undertaking not to practise law