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Notice of Hearing Panel decision in Lyle Howe matter
A Hearing Panel released its written decision on Monday, July 17 in the matter between the Nova Scotia Barristers’ Society and Halifax lawyer Lyle Howe.
Mr. Howe’s behaviour “constitutes professional misconduct and professional incompetence,” said the unanimous decision from the Hearing Panel, which includes lawyers Ron J. MacDonald QC and Donald C. Murray QC and public representative Dr. Richard Norman.
Marla Cranston - 2017-07-18 12:15
http://www.cbc.ca/news/canada/nova-scotia/halifax-lawyer-lyle-howe-disbarment-recommendation-1.4285398
Law society wants Halifax lawyer Lyle Howe disbarred
Nova Scotia Barristers' Society also recommends Howe pay society $450K t0 $600K in hearing costs
By Preston Mulligan, CBC News
Posted: Sep 12, 2017 11:45 AM AT
Halifax lawyer Lyle Howe. (The Canadian Press)
The Nova Scotia Barristers' Society has recommended that Halifax lawyer Lyle Howe be disbarred and wants him to pay at least $450,000 in costs for the longest disciplinary hearing it has ever conducted.
The recommendation comes after a hearing panel of the society issued a decision on July 17 finding Howe guilty of professional misconduct and professional incompetence.
"Based on the nature and number of their findings, disbarment is the appropriate sanction," Victoria Rees, the barristers society acting executive director, said Tuesday.
The chair of the hearing panel, Ron MacDonald, has 30 business days to reach a decision on what sanctions Howe will face.
'I'm not a thief'
The society accused Howe of professional incompetence and professional misconduct. Howe, who is black, countered by saying he was a victim of discrimination based on race.On Tuesday, Howe took exception to his misconduct being placed in the same ballpark as lawyers who steal money from clients.
"I'm not a thief, I'm not driven to take advantage of people," he said. "If anything, in the circumstances where I was dishonest, I was either defending myself recklessly or I was trying to get a better result for a client."
Savings exhausted
The society said it is seeking between $450,000 and $650,000, which Rees said represents between 40 and 50 per cent of the total costs for the hearing.
At 60 days and 10,000 pages of transcripts, Howe's disciplinary hearing was the longest in the society's history. Rees said the society is offering a "10-year payment plan."
On Tuesday, Howe said he will not be able to pay and called the sum "frankly ridiculous."
"They're never going to get $650,000 and that's not because I'm not going to try, it's just not going to happen unless I go into a reckless deal trying to make money as quick as possible," he said.
Panel offering payment plan
Howe said and his wife Laura McCarthy, also a lawyer who is representing him at the hearing, used to have substantial savings. But those savings have been exhausted due to defending Howe.
"I don't think it will surprise the panel that I don't have $100,000 sitting in a bank account after what I've gone through," Howe said. "I don't have $10,000 that I can access in a savings account right now."
Howe still faces three new charges, which will be at the centre of a new hearing.
http://www.cbc.ca/news/canada/nova-scotia/suspended-lawyer-lyle-howe-disciplinary-hearing-charges-1.4107141
Suspended lawyer Lyle Howe facing 3 new disciplinary charges
A costly, 15-month disciplinary hearing for Howe on separate charges just recently ended
By Preston Mulligan, CBC News
Posted: May 09, 2017 6:15 PM AT
Lyle Howe could be disbarred depending on the outcome from
a recent disciplinary hearing. (Andrew Vaughan/The Canadian Press)
The Nova Scotia Barristers' Society has laid three new charges against suspended lawyer Lyle Howe.
That means Howe, who was recently the subject of the society's longest and costliest disciplinary hearing ever, will face a new one.
The society, which regulates lawyers in the province, alleges Howe breached its codes of integrity, competence and quality of service.
It also alleges Howe "failed to provide various clients with a quality of service that is competent, timely conscientious, diligent and efficient."
Darrel Pink, the society's executive director, said some of the charges are based on complaints from clients while others are from other sources.
Pink said it was impossible, logistically, to include the most recent charges in the hearing that just wrapped up.
"While the hearing was ongoing, a number of other matters came to the society's attention that resulted in an investigation," he said.
"Sometimes you can add charges to a hearing if their investigations are complete and the case is still open. In this case, our case was closed by the time our investigations were complete."
One of the charges deals with Howe's alleged misconduct during his hearing.
The society said Howe "failed to act with integrity, and failed to be honest and accurate in his representations to the court, clients, the Crown, and the hearing panel.
Howe, who is still under suspension by the society, called the most recent charges minor "practice management" details.
"I think at this point some of the charges reflect that the society is desperate in terms of what they're willing to charge me with," he said.
"One of the charges is essentially that I didn't go to court for a client that I didn't represent for a date that I didn't set."
Howe is still awaiting a decision from the panel on his previous hearing, which lasted 15 months and generated more than 10,000 pages of transcripts.
The society accused Howe of professional incompetence and professional misconduct. He countered by saying he was a victim of discrimination because of race.
A decision isn't expected until sometime mid-summer, said Pink. If found guilty, Howe could be disbarred.
That means Howe, who was recently the subject of the society's longest and costliest disciplinary hearing ever, will face a new one.
The society, which regulates lawyers in the province, alleges Howe breached its codes of integrity, competence and quality of service.
It also alleges Howe "failed to provide various clients with a quality of service that is competent, timely conscientious, diligent and efficient."
Complaints emerged during hearing
Darrel Pink, the society's executive director, said some of the charges are based on complaints from clients while others are from other sources.
Pink said it was impossible, logistically, to include the most recent charges in the hearing that just wrapped up.
"While the hearing was ongoing, a number of other matters came to the society's attention that resulted in an investigation," he said.
"Sometimes you can add charges to a hearing if their investigations are complete and the case is still open. In this case, our case was closed by the time our investigations were complete."
One of the charges deals with Howe's alleged misconduct during his hearing.
The society said Howe "failed to act with integrity, and failed to be honest and accurate in his representations to the court, clients, the Crown, and the hearing panel.
Howe could still be disbarred
Howe, who is still under suspension by the society, called the most recent charges minor "practice management" details.
"I think at this point some of the charges reflect that the society is desperate in terms of what they're willing to charge me with," he said.
"One of the charges is essentially that I didn't go to court for a client that I didn't represent for a date that I didn't set."
Howe is still awaiting a decision from the panel on his previous hearing, which lasted 15 months and generated more than 10,000 pages of transcripts.
The society accused Howe of professional incompetence and professional misconduct. He countered by saying he was a victim of discrimination because of race.
A decision isn't expected until sometime mid-summer, said Pink. If found guilty, Howe could be disbarred.
http://signalhfx.ca/prolonged-howe-hearings-breaks-n-s-records/
Prolonged Lyle Howe hearing breaks Nova Scotia records
Hearing costing much more than than projected budget
January 11, 2017, 8:21 am ADT
Howe wipes his forehead, perspiring visibly during the Monday iteration of his hearing at the Hampton Inn. The case against Howe has become the NSBS’s longest hearing to date, surpassing a previous record of 50 days.
Howe is an African-Nova Scotian lawyer accused of professional misconduct and professional incompetence; his license has been suspended since September.
The hearing began in December 2015 and has been spread out over the course of several months. As of Tuesday, it hit its 58th day, and is expected to continue into March. The NSBS’s 2016/17 business plan says that “in previous years, it was unusual to have more than five days of hearings.” However, the plan also describes longer hearings as part of “a national trend.”
Howe made headlines after being convicted of sexual assault in a 2014 trial, before it was overturned in September 2015. Later that year, the NSBS began the hearing after a series of complaints filed against Howe between 2011 and 2014 suggested he violated seven separate professional regulations. They address a variety of claims, including that he engaged in conflicts of interest.
The actions of the NSBS were delayed due to Howe’s personal involvement in the criminal trial, said Darrel Pink, the NSBS executive director, in an email. That trial stemmed from the sexual assault allegations made against him in 2012.
“To date, the Society has spent more than $900,000 in all matters relating to Mr. Howe,” Pink writes. “This includes the various practice supports that were put in place, the reviews of his practice, two receiverships and the costs of the investigation and the hearing.”
This expense, which has cumulated since 2011, results in a net loss of hundreds of thousands of dollars, and more will be spent for future hearing dates. Pink says that there is no problem with the expense as it can be paid off by reserved funds. Regardless, he adds, it doesn’t need to be paid all at once.
During his hearing, Howe has called into question the proportionality of the barristers’ society’s response to allegations against him. Throughout it and through his previous trial, Howe has repeatedly claimed he is being unfairly treated and has faced scrutiny due to his race.
Howe’s hearing is expected to continue on March 21.
Correction:
Jan. 11, 2016: Due to an editing error, an earlier version of this
story misstated that complaints against Howe found he violated seven
professional regulations. Those complaints are the subject of review
during Howe's ongoing hearing. Jan. 13, 2015: The story also misstated
that Howe's hearing has cost $900,000 so far. In fact, that number
includes not only Howe's hearing, but also other costs related to the
Howe case since 2011. The story also mistakenly said that a $204,000
budget item in 2016 and 2017 was for "legal services regulation." That
budget item was for prosecutions and hearings.
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Darrel I. Pink, Executive Director
Darrel I. Pink
is Executive Director of the Nova Scotia Barristers’ Society, a
position he has held since 1990. He is responsible for carrying out the
Society's Strategic Framework and currently is leading the initiative to transform the regulation and governance of the legal profession in Nova Scotia.Darrel has been a regular lecturer on professional responsibility at the Schulich School of Law at Dalhousie University, and a frequent presenter to other law societies across Canada and internationally. In 2010, he spent six months on a consultancy with the Tanganyika Law Society in Tanzania, East Africa, assisting in its efforts to strengthen capacity in governance and regulation. From 2005 to 2007, he participated with the Canadian Bar Association (CBA) and law society partners in Kenya, Tanzania, Uganda and Ethiopia, in a program aimed at improving access to justice through legal sector development in Eastern Africa.
Born in Yarmouth, Nova Scotia, Darrel received his BA at Acadia University, his LLB at Dalhousie University, and his Master of Laws in public and comparative law at the University of London/London School of Economics. He was called to the Bar in 1979.
Extensive community involvement includes serving on the national board of directors for Volunteer Canada, including several years as Chair; seven years on the board of the Metro United Way (Halifax), including two as Chair; and on the founding Board of Directors of CanLII, including a term as Chair.
He regularly participates in the work of the Federation of Law Societies of Canada. He is currently a member of the Federation's Model Code of Conduct Committee and the National Admission Standards Steering Committee.
In 2012, he co-edited a book, Why Good Lawyers Matter (Toronto: Irwin Law), with the Hon. Justice Thomas A. Cromwell, Supreme Court of Canada, and David L. Blaikie, Assistant Professor, Schulich School of Law.
Contact:
dpink@nsbs.org
902 422 1491
http://www.cbc.ca/news/canada/nova-scotia/lyle-howe-professional-misconduct-incompetence-1.3598906
Lyle Howe accuses judge of bias at his disciplinary hearing in Halifax
Howe wants right to subpoena a dozen Nova Scotia provincial court judges
By Blair Rhodes, CBC News
Posted: May 25, 2016 9:53 AM AT
Last Updated: May 25, 2016 6:47 PM AT
Lyle Howe is accused of professional misconduct and
professional incompetence between 2011 and 2014. (Andrew Vaughan/The
Canadian Press)
The disciplinary hearing against Howe, who's accused of professional misconduct and professional incompetence, resumed Wednesday after a three-week break.
Howe told the hearing panel that most judges in Dartmouth will no longer hear cases where he is the lawyer.
He argued that he is being held to a higher standard than other lawyers and he wants to question judges on that.
Alleges Dartmouth judge is biased
Howe, who was found guilty of sexual assault in May 2014 and had the conviction overturned by a higher court, also alleges that Dartmouth-based Judge Alanna Murphy is biased against him. He said she has complained to the society about his conduct in her court.
The judges sent their own lawyer to Wednesday's hearing to oppose Howe's subpoena request. Lawyers with the Nova Scotia Barristers' Society are against it as well.
The panel has reserved decision on the matter.
Panel member won't step down
Also on Wednesday, Howe resumed his effort to have one of the three-member panel hearing his case recused.
He wants Halifax lawyer Don Murray to step down because he said Murray could not be expected to rule on issues involving judges he might appear before himself.
The panel rejected that request.
The seven charges against Howe stem from allegations he double or triple-booked himself in courts, poorly documented his clients' files and provided poor quality service to his clients.
Lengthy hearing
He is also accused of misleading the court in proceedings before Judge Timothy Gabriel and Murphy.
The hearing started late last year and has tentative dates stretching into the new year.
If found guilty, Howe could be disbarred.
The CBC's Blair Rhodes live blogged from the hearing.
Blair Rhodes @CBCBlairRhodes
@CBCBlairRhodes
@CBCBlairRhodes
Hearing
begins with chair Ron MacDonald refusing requests for adjournment,
including one to attend Chief Justice Clarke's funeral.
Macdonald says a reasonable, well-informed person could see Murray is capable of ruling in this case.
Macdonald says bottom line is that lawyers with criminal law experience like Murray are ideally suited to hear this case.
Macdonald says lawyers are honourable people and should be given the benefit of the doubt.
Panel rejects Howe's request to have Don Murray recused from the panel.
Panel now moves on to Howe's request to subpoena judges to testify.
Howe says judges Murphy, Gabriel, Hoskins, Tax and Buchan have recused themselves from Howe's cases.
Howe's associate, Jeanne Sumu, making subpoena argument.
@CBCBlairRhodes
She says Judge Buckle should be subpoenaed because she was looking into Howe's practice for the society before her appointment.
@CBCBlairRhodes
Sumu, who practices in Amherst, says from what she's seen, all criminal lawyers in Halifax are double-booked.
@CBCBlairRhodes
Lawyer says Judge Murphy should be subpoenaed because she made complaints against Howe to the society
Lawyer says Judge Murphy should be subpoenaed because she made complaints against Howe to the society
Hearing
has resumed. Lawyer Bruce Outhouse is testifying on behalf of all the
judges named. They are opposed to the subpoena attempt
@CBCBlairRhodes
Outhouse says judicial immunity shields judges from being called to testify in such matters to protect judicial independence.
@CBCBlairRhodes
Lawyer says judge Murphy had other tools beyond a complaint to the society and for that reason judicial immunity should not apply.
Lawyer says judge Murphy had other tools beyond a complaint to the society and for that reason judicial immunity should not apply.
Meet the Director: Ron MacDonald
Ron
MacDonald, QC, has been a lawyer since 1985. He has spent his career
working within the criminal justice system. He started his career as
defence counsel for six years. He then spent 17 years in Antigonish as a
Crown Attorney before becoming a criminal law policy advisor at Nova
Scotia’s Department of Justice for three years.
As a Crown Attorney, he prosecuted cases from minor offences to
major investigations. Some well-known examples are the Father Hugh
Vincent MacDonald and Dr. Michael Christie sexual-assault trials, and
the Melvin St. Clair Laybolt and Travis MacLeod murder cases. In his
time as a policy advisor, he was involved in several initiatives that
have resulted in legislative changes at both the Federal and Provincial
levels.
Mr. MacDonald has been president of the Nova Scotia Barristers’
Society (2005-06) and president of the Federation of Law Societies of
Canada (2010-11). His experiences have taught him the critical
importance that the protection of the public’s interest has in the
maintenance of an effective justice system in Nova Scotia and Canada.
Ron has further demonstrated a commitment to his community through
his volunteer efforts, including coaching girls’ softball, and mens’
high school and university basketball, chairing community boards,
working at the 2010 Winter Olympics, and helping to create his
hometown’s first Sexual Assault Response Team. He was awarded the
National Heads of Prosecutions Humanitarian Award in 2007 to recognize
his contributions.
As the first director of the Nova Scotia Serious Incident Response
Team, Ron looks forward to continuing to work with the people of Nova
Scotia to give them the utmost faith and confidence in the investigation
of serious incidents involving police.
http://www.cbc.ca/news/canada/nova-scotia/ron-macdonald-serious-incident-response-team-lyle-howe-1.4290474
The head of the province's Serious Incident Response Team (SIRT) is
stepping down from his position late next month, but he says his
departure won't have an impact on any of SIRT's investigations.
The independent police watchdog is called in to investigate all serious incidents involving police, regardless of whether there are allegations of wrongdoing.
Ron MacDonald's final day of work will be Oct. 23 and beginning the day after, he will become the chief civilian director of the Independent Investigations Office (IIO) in B.C., which is essentially that province's SIRT equivalent.
MacDonald said SIRT won't miss a beat because the investigations are carried out by a team of four investigators.
He said the IIO is a great move for him professionally, citing that it's larger and has challenges he hasn't been faced with in Nova Scotia.
"There have been some differences of opinion between the police and the IIO that have manifested themselves in a way to have made it to media coverage," said MacDonald.
One example occurred earlier this year, when IIO filed a legal petition against Vancouver's police chief and seven officers, alleging they weren't co-operating with the investigation into a 2016 fatal shooting outside a Canadian Tire.
MacDonald was tasked with forming SIRT in September 2011 and it began operating in April 2012.
Besides his work with SIRT, MacDonald chaired the Nova Scotia Barristers' Society's hearing into professional misconduct and incompetence allegations against Halifax lawyer Lyle Howe, who was found guilty. Howe, who is black, countered by saying he was a victim of discrimination based on race.
The society wants Howe to be disbarred and pay at least $450,000 in costs.
MacDonald is responsible for deciding what sanctions Howe will face. His decision is due no later than Oct. 23, which is also the final day of his work with SIRT.
http://www.cbc.ca/news/canada/nova-scotia/ron-macdonald-serious-incident-response-team-lyle-howe-1.4290474
Head of Nova Scotia's police watchdog stepping down to take job in B.C.
Effective Oct. 24, Ron MacDonald will head B.C.'s Independent Investigations Office
By Richard Woodbury, CBC News
Posted: Sep 14, 2017 7:15 PM AT
Besides his work with SIRT, Ron MacDonald chaired the Nova
Scotia Barristers' Society's hearing into professional misconduct and
incompetence allegations against Halifax lawyer Lyle Howe. (Elizabeth
Chiu/CBC)
The independent police watchdog is called in to investigate all serious incidents involving police, regardless of whether there are allegations of wrongdoing.
Ron MacDonald's final day of work will be Oct. 23 and beginning the day after, he will become the chief civilian director of the Independent Investigations Office (IIO) in B.C., which is essentially that province's SIRT equivalent.
MacDonald said SIRT won't miss a beat because the investigations are carried out by a team of four investigators.
'Differences of opinion'
He said the IIO is a great move for him professionally, citing that it's larger and has challenges he hasn't been faced with in Nova Scotia.
"There have been some differences of opinion between the police and the IIO that have manifested themselves in a way to have made it to media coverage," said MacDonald.
One example occurred earlier this year, when IIO filed a legal petition against Vancouver's police chief and seven officers, alleging they weren't co-operating with the investigation into a 2016 fatal shooting outside a Canadian Tire.
MacDonald was tasked with forming SIRT in September 2011 and it began operating in April 2012.
Work on Lyle Howe case is wrapping up
Besides his work with SIRT, MacDonald chaired the Nova Scotia Barristers' Society's hearing into professional misconduct and incompetence allegations against Halifax lawyer Lyle Howe, who was found guilty. Howe, who is black, countered by saying he was a victim of discrimination based on race.
The society wants Howe to be disbarred and pay at least $450,000 in costs.
MacDonald is responsible for deciding what sanctions Howe will face. His decision is due no later than Oct. 23, which is also the final day of his work with SIRT.
SIRT director Ron MacDonald dismisses allegations made by lawyer for RNC brass
Civilian investigator says 'they should have no concerns about our objectivity'
Ron MacDonald is director of the Nova Scotia Serious Incident Response Team. (CBC)
The man leading the criminal investigation into senior managers at the Royal Newfoundland Constabulary is defending himself against accusations of bias made by the lawyer hired to represent some of the officers.
- Lawyer for RNC brass, justice minister clash over probe
- CBC INVESTIGATES | Royal Newfoundland Constabulary facing criminal probe by external investigators
In a letter to the justice minister last month, lawyer Jerome Kennedy questioned the objectivity of Ron MacDonald, the civilian head of Nova Scotia's Serious Incident Response Team (SIRT), which is leading the investigation.
"I'm a bit at a loss to explain his rationale for his commentary," MacDonald said in an interview.
"They should have no concerns about our objectivity. We don't form any conclusions until we have all the facts to draw conclusions. And that's all I've ever said in this matter."
'They should have no concerns about our objectivity. We don't form any conclusions until we have all the fact to draw conclusions. And that's all I've ever said in this matter.' - Ron MacDonald
Kennedy's concerns were outlined in an exchange of letters with Justice Minister Andrew Parsons.
CBC News obtained a heavily-redacted version of that correspondence through access to information legislation.
Kennedy writes that his clients "have concerns about the objectivity of Ronald MacDonald, the director of SIRT, having regard to his public comments made in the media early in the investigation."
Kennedy — himself a former justice minister — never specifies to which comments his clients were objecting.
'Really don't understand his commentary'
"I really don't understand his commentary," MacDonald said.
MacDonald has the backing of the justice minister, who responded to Kennedy's letter on Feb. 15.
"I am not aware of any factual basis to question Mr. MacDonald's objectivity and note that his experience in conducting such investigations is extensive," Parsons wrote.
At the time, Parsons steered any inquiries about the investigation to MacDonald himself.
"I fully support this independent investigation by SIRT and anxiously await the results on behalf of the people of the province," Parsons wrote.
Last fall, the Department of Justice and Public Safety called in the Nova Scotia-based SIRT after receiving a complaint about the RNC's handling of a confidential informant.
MacDonald won't offer any specifics on where things stand, except that his work will take several more months.
http://www.cbc.ca/news/canada/nova-scotia/lyle-howe-disciplinary-hearing-adjournment-lawyer-1.3751023
Suspended lawyer Lyle Howe says he's 'verging on rage' about disciplinary process
Lawyer says financial pressures, health concerns prompt call for adjournment
By Blair Rhodes, CBC News
Posted: Sep 07, 2016 11:18 AM AT
Lyle Howe's lawyer is calling for an adjournment to her
client's disciplinary hearing. (The Canadian Press)
Embattled lawyer Lyle Howe launched a verbal attack on the Nova Scotia Barristers' Society and says he's "verging on rage" about the way the group is handling his disciplinary hearing.
"I know that everything I say is used against me," Howe told the three-member hearing on Wednesday.
"I have a huge degree of anger and resentment for the society, and mistrust."
The society has accused Howe of professional misconduct and professional incompetence. A hearing into those allegations started late last year and has been continuing, on and off, for months.
Learned of latest suspension through media
Last week, the society suspended Howe's licence to practise and said there were new allegations against him. The provincial licensing body for lawyers said it had received information about Howe and had "several matters under investigation."
Howe said he learned of the suspension through a call from the media and said he wasn't given a chance to respond before the suspension was announced.
Jeanne Sumbu, Howe's lawyer, requested Wednesday morning that the disciplinary hearing be adjourned to allow her client time to deal with his suspension. Howe said he was reluctant to speak at the hearing.
Thursday's hearing cancelled
Howe said he's so angry, he doesn't want to be involved in the practise of law right now.
When the lawyer for the Nova Scotia Barristers' Society argued the hearing should continue, Howe accused him of "lacking empathy."
The panel struck a compromise — because Howe's wife and law partner Laura McCarthy had already started testifying, the panel instructed her to complete her evidence. But the hearing scheduled for Thursday was cancelled.
Full calendar
McCarthy spent much of her time on the stand Wednesday reviewing the calendar she and Howe maintained for their law practice.
The society's lawyer focused on the period a couple of years ago when it alleges Howe was frequently double-booked. On one day, the calendar showed Howe having cases scheduled in courtrooms in Dartmouth, Bridgewater and at least two in Halifax.
McCarthy couldn't remember whether she represented her husband in any of those matters.
McCarthy sat in on client meetings
While McCarthy remembered the names of the various clients and details of their cases, she couldn't remember specifically whether she, Howe or another lawyer appeared in court on any particular date.
McCarthy also told the hearing that as Howe's personal legal problems mounted, he would often ask her to sit in on client meetings to put both him and the client at ease. McCarthy said Howe also made a point of telling clients about his own problems to make sure they didn't find out about it from another source first.
The disciplinary hearing is set to resume in October.
The CBC's Blair Rhodes live blogged from the hearing.
Adjournment request is based on Howe's suspension from the practice of law, which happened last week.
Howe's lawyer says he only found out about his suspension when he was called by a member of the media.
Howe's lawyer says he needs time to deal with the receivership of his practice to make sure his clients are looked after.
Sumbu
says on August 10, the lawyer for the Society, Marjorie Hickey, told
the panel that Howe was not currently under investigation.
@CBCBlairRhodes
Hickey is not here today. She's attending a different disciplinary hearing, one involving an Alberta judge's comments.
@CBCBlairRhodes
Society lawyer Daniel Wallace says Society is opposed to adjournment request, says there are only 2 days set aside in September.
Society lawyer Daniel Wallace says Society is opposed to adjournment request, says there are only 2 days set aside in September.
@CBCBlairRhodes
Wallace says two of the current allegations involve comments Howe made at this hearing.
Wallace says two of the current allegations involve comments Howe made at this hearing.
http://www.cbc.ca/news/canada/nova-scotia/lawyer-lyle-howe-guilty-professional-misconduct-hearing-race-1.4209385
Halifax lawyer Lyle Howe found guilty of professional misconduct, incompetence
'Frankly, me and my family are miserable here,' says Howe, who could face disbarment
By Blair Rhodes, Emma Davie, CBC News Posted: Jul 17, 2017 7:33 PM AT
Lyle Howe argued during the hearing that his charter rights were violated because of his race.
(Andrew Vaughan/The Canadian Press)
The decision, released late Monday afternoon, capped a hearing that took 60 days, spread over a year and a half.
Howe told CBC News he has mixed feelings about the panel's decision.
"I agree with some of the things that the panel said and I disagree with some of the things that the panel said, and I'm just going to need to digest it before I say anything further," Howe said in a phone interview hours after the 140-page decision was released.
"I'm really disappointed in Nova Scotia and part of that is identified or is acknowledged by the panel in terms of some of the issues that I was raising."
Howe, who is black, argued throughout the hearing that he was a victim of systemic racism and was often singled out for criticism because of his race.
He said the society's handling of his case breached his rights under the Charter of Rights and Freedoms.
Charter rights
The three-member panel found there were times when race factored into decisions that affected Howe while he was practising.
"These decisions were sometimes made by an individual and sometimes by institutional players," the decision said.
"However, in relation to the institutional decisions where Mr. Howe's race, cultural location and ethnicity were a factor, he has not proven a material violation of [section 15] of the charter in relation to the investigation or prosecution of these complaints."
Section 15 of the charter guarantees equality "before and under the law ... without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability."
Policy criticized
In its decision, the panel also criticized the Dartmouth office of the Public Prosecution Service for the way it dealt with Howe after he was charged with sexual assault.
A policy was implemented suggesting Howe be escorted whenever he came to the Crown office. There was conflicting testimony given during the hearing as to how strict the policy was or how rigidly it was enforced.
"Without greater clarity about the contents of, and adherence to, or enforcement of, this policy, the Crown office's approach to addressing Mr. Howe's situation allowed suspicion, speculation and surmise to attach directly to Mr. Howe — as a black male, and as a potential threat of physical or sexual violence to Crown employees."
Howe unsure if he'll appeal, stay in the province
Darrel Pink, executive director of the Nova Scotia Barristers' Society, said in an emailed statement to CBC News on Tuesday that the panel will reconvene within 60 business days for a penalty hearing — the most serious of which would be disbarment.
"The panel is now in the process of working with the parties to schedule this hearing. A further public notice will be posted once the date is confirmed," Pink said.
Howe said he was still reflecting on whether to file an appeal.
"I don't know what [the society's] position is, I don't know if my position is that I want to stay here. Frankly, me and my family are miserable here," Howe said, referencing his wife, Laura McCarthy, who is also a lawyer.
"Even if they give me my licence, I don't think that means me and her are going to stay here. And I think it's sad because my wife is a talented lawyer. She's one of the only black, private, defence attorneys in Halifax and a lot of us are driven away.
"So it's sad, but whether they push me out with disbarment or I leave because of what I've already experienced, I think me and at least one other black lawyer are on our way out the door."
http://www.cbc.ca/news/canada/nova-scotia/suspended-lawyer-lyle-howe-disciplinary-hearing-charges-1.4107141
Suspended lawyer Lyle Howe facing 3 new disciplinary charges
A costly, 15-month disciplinary hearing for Howe on separate charges just recently ended
By Preston Mulligan, CBC News
Posted: May 09, 2017 6:15 PM AT
Lyle Howe could be disbarred depending on the outcome from
a recent disciplinary hearing. (Andrew Vaughan/The Canadian Press)
The Nova Scotia Barristers' Society has laid three new charges against suspended lawyer Lyle Howe.
That means Howe, who was recently the subject of the society's longest and costliest disciplinary hearing ever, will face a new one.
The society, which regulates lawyers in the province, alleges Howe breached its codes of integrity, competence and quality of service.
It also alleges Howe "failed to provide various clients with a quality of service that is competent, timely conscientious, diligent and efficient."
Darrel Pink, the society's executive director, said some of the charges are based on complaints from clients while others are from other sources.
Pink said it was impossible, logistically, to include the most recent charges in the hearing that just wrapped up.
"While the hearing was ongoing, a number of other matters came to the society's attention that resulted in an investigation," he said.
"Sometimes you can add charges to a hearing if their investigations are complete and the case is still open. In this case, our case was closed by the time our investigations were complete."
One of the charges deals with Howe's alleged misconduct during his hearing.
The society said Howe "failed to act with integrity, and failed to be honest and accurate in his representations to the court, clients, the Crown, and the hearing panel.
"I think at this point some of the charges reflect that the society is desperate in terms of what they're willing to charge me with," he said.
"One of the charges is essentially that I didn't go to court for a client that I didn't represent for a date that I didn't set."
Howe is still awaiting a decision from the panel on his previous hearing, which lasted 15 months and generated more than 10,000 pages of transcripts.
The society accused Howe of professional incompetence and professional misconduct. He countered by saying he was a victim of discrimination because of race.
A decision isn't expected until sometime mid-summer, said Pink. If found guilty, Howe could be disbarred.
That means Howe, who was recently the subject of the society's longest and costliest disciplinary hearing ever, will face a new one.
The society, which regulates lawyers in the province, alleges Howe breached its codes of integrity, competence and quality of service.
It also alleges Howe "failed to provide various clients with a quality of service that is competent, timely conscientious, diligent and efficient."
Complaints emerged during hearing
Darrel Pink, the society's executive director, said some of the charges are based on complaints from clients while others are from other sources.
Pink said it was impossible, logistically, to include the most recent charges in the hearing that just wrapped up.
"While the hearing was ongoing, a number of other matters came to the society's attention that resulted in an investigation," he said.
"Sometimes you can add charges to a hearing if their investigations are complete and the case is still open. In this case, our case was closed by the time our investigations were complete."
One of the charges deals with Howe's alleged misconduct during his hearing.
The society said Howe "failed to act with integrity, and failed to be honest and accurate in his representations to the court, clients, the Crown, and the hearing panel.
Howe could still be disbarred
Howe, who is still under suspension by the society, called the most recent charges minor "practice management" details."I think at this point some of the charges reflect that the society is desperate in terms of what they're willing to charge me with," he said.
"One of the charges is essentially that I didn't go to court for a client that I didn't represent for a date that I didn't set."
Howe is still awaiting a decision from the panel on his previous hearing, which lasted 15 months and generated more than 10,000 pages of transcripts.
The society accused Howe of professional incompetence and professional misconduct. He countered by saying he was a victim of discrimination because of race.
A decision isn't expected until sometime mid-summer, said Pink. If found guilty, Howe could be disbarred.
http://www.cbc.ca/news/canada/nova-scotia/lyle-howe-sexual-assault-charges-dropped-1.3453328
Halifax defence lawyer Lyle Howe has sexual assault charge dropped
Crown prosecutor Dan Rideout says complainant unwilling to testify at second trial
By Blair Rhodes, CBC News
Posted: Feb 18, 2016 12:27 PM AT
The Crown has dropped a charge of sexual assault against
Halifax defence lawyer Lyle Howe. (The Canadian Press)
The sexual assault case against Halifax defence lawyer Lyle Howe has been officially dropped.
Crown prosecutor Dan Rideout went into Nova Scotia Supreme Court on Thursday morning and announced he would be calling no evidence. Justice James Chipman then dismissed the case.
Outside court, Rideout said the decision was taken because the complainant did not want to testify again.
The woman, who was 19 at the time of the incident, testified at a preliminary inquiry and endured days of gruelling testimony at Howe's original trial in 2014.
Howe was convicted at that trial and sentenced to three years in prison. The conviction was overturned in September on appeal and a new trial was ordered.
"In some cases we do compel the witness to testify again," Rideout said outside court.
"And this case, we had to consider the unique nature of the case, including several days of testimony, gruelling testimony that she had to go through the first time, as well as other things that would have influenced her decision."
Howe told reporters outside court he wasn't happy because the case put his family through hell. But he said the fact he's not facing a second trial has lifted a weight off his shoulders.
'Zero judges that are African Nova Scotian'
Howe also said his case exposed racism.
"Several [potential jurors] admitted to the judge under oath that they couldn't see past their own racial biases," Howe said.
"In other words, they indicated that they couldn't judge the matter impartially based on the fact that I was black and the complainant is white."
Howe said it appears Nova Scotia hasn't made much progress in combating racism since the release of the report into the Donald Marshall Jr. case 26 years ago.
Marshall was a Mi'kmaq man who spent 11 years in prison for a murder he did not commit. A subsequent commission report exposed systemic racism in the Nova Scotia justice system.
"We're standing in a building where there's been zero judges that are African Nova Scotian," Howe said at the Law Courts.
"There's zero at the Court of Appeal, there's zero at the Supreme Court. I appear every day, regularly, in front of the provincial court in Halifax and Dartmouth, zero African Nova Scotians. I have a huge issue with that."
Restriction lifted
Supreme and Appeal Court justices are appointed by the federal government. Nova Scotia Justice Minister Diana Whalen said Thursday she recently met with her federal counterpart and that Ottawa is aware of the issue.
Whalen said provincially, the government is always trying to ensure diversity in appointments.
"The premier has spoken to me about ensuring that we have diverse candidates so it's very much on our mind," she told reporters. She would not speak specifically to the Howe case.
Howe's legal practice is also under investigation by the Nova Scotia Barristers' Society. The society placed restrictions on his licence while he was awaiting the outcome of a new trial.
Darrell Pink, the executive director of the society, said a restriction that prevented Howe from representing people charged with sexual assault no longer applies. However, Howe is still under restrictions to ensure there are no conflicts of interest or bad record-keeping at his practice, Pink said.
The society started a public disciplinary hearing just before Christmas. That hearing ended abruptly last month, with Howe and the society agreeing to continue discussions in private.
This line contains two errors:
Pink adds that the hearing has cost about $900,000 so far and that the NSBS has a $204,000 budget for legal services regulation.
Here is the correct information provided on January 10 by Darrel Pink, Executive Director:
• “To date, the Society has spent more than $900,000 in all matters relating to Mr. Howe. This includes the various practice supports that were put in place, the reviews of his practice, two receiverships and the costs of the investigation and the hearing.”
• “The budget for 2016/2017 for prosecution and hearing costs was $204,000, including costs for legal fees, professional fees, receivers and custodians, and hearing committee expenses.”
As for the $204,000 budget item for 2016-2017, this relates to prosecutions and hearings, and has absolutely nothing to do with the Society’s Legal Services Regulation initiative (http://nsbs.org/legal-services-regulation).
We appreciate that students are still in training to be journalists but such glaring factual errors are simply unacceptable in any media publication, student or otherwise.