Closing arguments continue at Lyle Howe disciplinary hearing
A lawyer representing Lyle Howe is objecting to the suggestion Howe is "playing the race card" when he argues he's unfairly singled out for mistakes in the legal profession because he's black.
In closing arguments in the Halifax lawyer's long-running disciplinary hearing, Jeanne Sumbu argued Wednesday before a three-member panel that Howe's equality rights under the charter have been violated.
The Nova Scotia Barristers' Society accuses Howe of professional misconduct and professional incompetence. If found guilty, the lawyer could be disbarred.
While no one at the hearing has used the term "race card," others have directed it pejoratively at Howe. Sumbu said it was an "undignified" term and "being black is not just taking out a board game."
Sumbu said the panel must remember that when the legal system was created, people like Howe were considered property, not people. She said that heritage informs how they interact with the justice system.
"At the end of the day, we're talking about power," she told the panel.
Society disputes Howe's claims
Howe has argued that he is a victim of systemic racism and that the society was hyper-vigilant by charging him with offences for mistakes other lawyers also make.
In closing arguments for the society, lawyer Marjorie Hickey disputed Howe's interpretation. She said the charges against Howe are based on complaints from clients, other lawyers and judges.
She said the society tried to work with Howe to address deficiencies in his practice and the charges only came after the complaints. Hickey also said the evidentiary burden is on Howe to prove he has been discriminated against.
Sumbu only started making the charter arguments Wednesday. She'll finish when the hearing resumes next week. Once she's done, Howe will making closing arguments on the central allegations against him.
The hearing is only supposed to run for two days next week but Howe indicated that is not enough time for him to finish his arguments.
The panel has sat for about 60 days so far, hearing evidence from 40 witnesses and generating more than 10,000 pages of transcripts.
The CBC's Blair Rhodes live blogged from the hearing.
