Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m J U N E 2 0 1 6 7 L E T T E R S Re: The surreal case of Lyle Howe MAY 2016 As Canadian Lawyer made no effort to provide balance in "The surreal case of Lyle Howe" in the May 2016 edition, the Nova Sco- tia Barristers' Society must respond to three errors in Richard Foot's article. 1. "The NSBS hear- ings, at first public, were abruptly moved behind closed doors . . . after Howe . . . threat- ened to subpoena a few judges." The hear- ing has been conduct- ed entirely in public, aside from a brief matter that occurred in camera to protect Mr. Howe's priva- cy. This had no relation to the possible issue of calling judges as witnesses. 2. Canadian Lawyer contacted "members of the NSBS governing council" and "none would agree to an interview." A call was made to the chairman of our racial equity com- mittee and another council member; neither is authorized to speak on the Society's behalf, so did not offer any comments. Mr. Foot ought to have contacted me, the society's executive director, its communications office, or even the main reception to ensure he obtained the correct facts. 3. The society has "done nothing" to improve "racial unfairness in the sys- tem" since the Marshall Inquiry report over a quarter century ago. Established in 1994, the society's equity and access office exists to improve the administration of justice by addressing racism, sexism, and other forms of discrimination in the legal profession; advocating for enhanced access to legal services and the justice system for equity-seeking groups; and more. Our engagement with residents of the Prestons has generated new inter- est in resolving historic land title issues for African Nova Scotian communities. We support Mi'kmaq clerks through the Ku'TawTinu: Shared Articling Initiative; a similar initiative is planned for African Nova Scotian articled clerks. The Truth and Reconciliation Com- mission's Call to Action No. 27 asks law societies across Canada to ensure all lawyers receive appropriate cultural competence education. In Nova Sco- tia, we provide this to articled clerks and rec- ommend all practising lawyers include it in their annual CPD plans. We facili- tate workshops for lawyers, society staff, council members, and commit- tees such as the hearing committee. Our online equity portal (nsbs.lib- guides.com/equityportal) assists legal entities in developing cultural compe- tence and building equity strategies. A professional standard in equity and diversity is in development. When our new model of legal services regula- tion is tested this fall, the pilot project will ask legal entities to reflect and report on how they are "committed to improving diversity, inclusion and sub- stantive equality and ensuring freedom from discrimination in the delivery of legal services and the justice system." These are just a few recent examples. The society has a well-established — and internationally recognized — com- mitment to equity, cultural competence, and addressing issues of systemic rac- ism and discrimination in the legal profession. Our mandate to protect the public interest requires us to be at the forefront of these critical societal issues. JILL PERRY PRESIDENT, NOVA SCOTIA BARRISTERS' SOCIETY This lawyer was found guilty of sexual assault and got off on a technicality. This has nothing to do with race. This article is ridiculous. Why don't you start by interviewing the victim of this crime and ask her what she thinks of the legal system. — ONLINE COMMENT FROM FRANK HAY We need colour-blind judges not coloured judges. Imputing qualities of perception and fairness and judicial impartiality on the basis of colour is completely illogical and simply affirmative action which is flawed. Appointments should be on merit not colour! Attempting to make unequal things all equal is the greatest of inequalities! — ONLINE COMMENT FROM DEREK BOOTH, LAWYER Good for you Lyle, standing up for yourself. Those of us who appreciate TRUTH and JUSTICE, are behind you 100 per cent! — ONLINE COMMENT FROM ARETHA SMITH Re: A love letter to Marie Henein MAY 2016 Gender does not come to play here. Not in the courtroom at least. It can be to the public, but that opinion should never affect lawyers, judges, or jurors if present. The defendants' gender should not come into play either. I really don't think the public should judge it this way. Male v. female. If that was what we hung our hats on, justice would be non existent. — ONLINE COMMENT FROM AMY MATTIN Marie Henein is in a class of her own. I followed her through the Ghomeshi trial. As a civil litigator, I learned one or two things from her. This lady should teach at the bar. I dove my hat for you Marie. Keep up the good work. Hoping to see more of her. — ONLINE COMMENT FROM HANNAH AINA Canadian Lawyer welcomes comments and letters to the editor but reserves the right to edit for space, taste, style, and libel considerations. Please send letters to gail.cohen@tr.com or leave us a comment at canadianlawyermag.com e t

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