Racism, bias complaints against N.S. provincial court judge dismissed

A judicial review has dismissed allegations of racism and bias levelled against Judge Alanna Murphy of the Nova Scotia provincial court. 

The allegations were made by former lawyer Lyle Howe, who was kicked out of the legal profession in 2017 by the Nova Scotia Barristers' Society.

The society found him guilty of professional misconduct and professional incompetence following a long and costly disciplinary hearing.

Howe's complaint against Murphy had two main points.

He accused her of discriminating against him during a pre-trial conference on Feb. 13, 2014. That part of his complaint was dismissed by Pam Williams, the chief judge of the provincial court.

But the second complaint — alleging Murphy showed bias against Howe when she compiled more than 30 transcripts and audio CDs that were supplied to the society as part of its disciplinary process — was referred to a review committee.

That committee, chaired by provincial court Judge Warren Zimmer, released its report Friday. It dismissed the allegation against Murphy.

"Providing transcripts to the professional regulator, without accompanying narrative, for the Society's Complaints Investigation Committee to determine what if any action should be taken, is entirely within the discretionary behaviour and decision-making of the judges," the committee found.

The committee also noted that parts of Howe's complaints amounted to arguing points he had previously argued before the Barristers' Society and during a subsequent hearing before the Nova Scotia Court of Appeal. That court upheld the decision to disbar Howe, but adjusted the financial penalty against him.