Lyle Howe wants charge tossed at discipline hearing

Halifax defence lawyer Lyle Howe says he will try to have one of the charges against him quashed when his disciplinary hearing before a committee of the Nova Scotia Barristers' Society resumes next week.

Howe is accused of professional misconduct and professional incompetence and faces seven charges in total. If found guilty, he could be disbarred.

Howe says the society failed to follow proper procedure in one of the charges it laid against him relating to how he behaved after his practice was placed in receivership. That move followed Howe's conviction for sexual assault, a verdict that has since been overturned on appeal.

Howe and the legal team for the society are supposed to submit writing arguments on Howe's motion to quash the charge before the hearing resumes Monday morning.

Judge could be subpoenaed

The disciplinary panel heard evidence Thursday afternoon from John Rafferty, the Truro lawyer retained by the barristers' society to review Howe's practice and oversee the receivership when the society suspended his practice.

Rafferty told the hearing that email addresses and faxes related to Howe's firm continued to be active after his practice shut down, something the society considers to be a breach of its orders.

Howe also told the panel Thursday that he wants to subpoena a provincial court judge to testify at his hearing. 

​One of the central issues in the complaints against Howe is double-booking — being scheduled in two courts at the same time.

Howe said all lawyers have scheduling conflicts like this. He said the difference is the behaviour is tolerated or overlooked with other lawyers, but not him.

Howe singled out Judge Alanna Murphy, who presides in Dartmouth, for taking issue with him and not other lawyers.

Hearing to continue

The chair of the disciplinary hearing, Ron MacDonald, said there will have to be a conversation over whether judges can be subpoenaed.

Dartmouth Crown prosecutor Alicia Kennedy also took the stand Thursday morning. She started her testimony Wednesday and was cross-examined by Howe himself.

Howe requested access to Kennedy's court files. The Public Prosecution Service told society counsel that it would be retaining its own legal counsel on the question of whether Kennedy's files should be released.

This hearing started just before Christmas and resumed this week. Four days have been set aside next week and additional dates in February are also available, if needed.

The CBC's Blair Rhodes live blogged from the hearing.