Case information

Charter of rights — Right of equality — Discrimination based on race — Barristers’ Society undertaking investigation into conduct of applicant lawyer — Applicant alleging investigation tainted by racism and breaching equality rights — Hearing Panel of Barristers’ Society declaring applicant guilty of professional misconduct and incompetence — Whether framework and principles applicable to s. 15 Charter analysis considered adequate where investigations of racialized people were allegedly premised, fueled and/or driven by discriminatory attitudes and included corresponding differential treatment, and where discriminatory treatment arose out of systemic causes and various sources impacted by racial stigma and prejudice — Canadian Charter of Rights and Freedoms, s. 15.

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(PUBLICATION BAN IN CASE)

Mr. Howe was called to the Bar in June 2010. Numerous complaints against Mr. Howe were filed with the Nova Scotia Barristers’ Society between 2012 and 2016. On multiple occasions, Mr. Howe agreed to limit his practice and submit to a review. An “Impact of Race and Culture Assessment” was ordered by the Society in 2014 in order to inform its interactions with and investigation of Mr. Howe. Professional misconduct charges against Mr. Howe were laid in August 2016. During the hearing, Mr. Howe maintained his innocence and alleged that the Society’s investigation was tainted by racism and breached his rights under s. 15 of the Charter.

The Hearing Panel of the Society found that Mr. Howe failed to establish a breach of his s. 15 Charter rights. The Panel found Mr. Howe guilty of professional misconduct, disbarred him from the Society and declared him ineligible to apply for re admission for five years. In addition, the Panel ordered Mr. Howe to pay costs of $150,000 at a rate of $20,000 per year over the five year period, with the remainder to be paid only if Mr. Howe applied for re admission. The Court of Appeal allowed Mr. Howe’s costs appeal in part, amending the sanction so as to remove the requirement for Mr. Howe to pay costs as a condition precedent to applying for re admission to the Society. The remainder of Mr. Howe’s appeal on the substantive issues (the professional misconduct findings and the decision on discrimination and equality) was dismissed.