Former Halifax defence lawyer wins disbarment appeal

A former Halifax defence lawyer has won a major victory in his attempt to appeal his disbarment.

The Nova Scotia Court of Appeal ruled on Tuesday that Lyle Howe will have another chance to argue his case against the Nova Scotia Barristers’ Society.

“It’s a major step in the right direction for me,” Howe said in an interview.

The barristers’ society disbarred Howe in 2017 after a three-member panel found him guilty of professional misconduct and professional incompetence.

Howe has argued the decision to disbar him was flawed and violated his equality rights under the Charter of Rights and Freedoms. Howe, who is an African Nova Scotian, claimed racism was to blame for how he was treated by the society. 

“Although the Court of Appeal didn’t specifically address what I believe to be the underlying issue, that of systemic discrimination, they at least gave me the opportunity to move forward with my arguments,” he said. 

The Nova Scotia Barristers’ Society did not immediately respond to a request for comment on the decision.

Appeal decision

Justice David P.S. Farrar ruled the Supreme Court was wrong to dismiss Howe’s lawsuit against the barristers’ society and two of its executives.

In his ruling, Farrar rejected that decision as well as the dismissal of Howe’s claims his disbarment was a “malicious prosecution.” 

Any costs Howe has paid to the respondents named in the lawsuit should be returned to him as well, the decision said. 

“I could almost sense the frustration in the tone of Justice Farrar that this was handled so improperly and I could sense that frustration at the hearing, not just in the decision,” Howe said.

Howe said he expects it will likely be several months before the matter is back in court. 

The former defence lawyer has made a series of legal challenges since his disciplinary hearing. Howe said he is also currently in the process of filing two human rights complaints against the Nova Scotia Barristers Society.

For more stories about the experiences of Black Canadians — from anti-Black racism to success stories within the Black community — check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.

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