N.S. Barristers' Society tries to quash judicial review of disbarment

The Nova Scotia Barristers' Society is trying to quash a bid by disbarred lawyer Lyle Howe to have a judge review the society's decision to kick him out of the profession.

Howe was disbarred in October after being found guilty of professional misconduct and professional incompetence. The decision followed the longest and costliest disciplinary hearing ever in Nova Scotia.

Earlier this week, Howe filed papers with the Supreme Court of Nova Scotia asking for a judicial review.

But the executive director of the society, Darrel Pink, said there is no provision under the Legal Profession Act for such a review.

"That's our view and we have told him that but he has chosen to start down this path anyway," Pink said Thursday. "[He's] also indicating that he does intend to appeal under the provisions of the Legal Profession Act."

Two courts

Lyle Howe said he's aware of the society's position, but he plans to proceed in both courts at the same time. Howe said he will file papers with the Court of Appeal on Monday to have that court look at the decision to disbar him.

"And then if the Supreme Court tells me that I have to go to the Court of Appeal then I will, but I didn't want to miss the deadline for the first one," Howe said.

The Supreme Court has set a date in December to consider this case. Pink said the society will appear at that time to ask a judge to quash Howe's request for a review.

'It's disconcerting'

While he's launching appeals on two fronts, Howe said he still has the same concerns he had when he was arguing to have his conviction for sexual assault overturned.

"I'm still walking into a building that's never had a black Nova Scotian," Howe said.

"And I got to tell you, considering the nature of some of my arguments, it's disconcerting to say the least that I'm still walking into a building with no judge that looks like me."