A long running dispute over the treatment of Black lawyers in Nova Scotia is moving toward a potential public inquiry after a Human Rights Commission investigation found evidence of racial disparities in professional discipline.

The commission investigator examined more than 60 disciplinary cases between 2000 and 2023 while reviewing complaints brought by Halifax lawyer Lyle Howe against the Nova Scotia Barristers’ Society. An August 2025 report concluded there was merit to Howe’s allegations and recommended that the matter proceed to a board of inquiry.

“The evidence indicates that white lawyers often received more lenient consequences for serious misconduct,” the report stated, while saying Black and racialized lawyers received harsher penalties for comparable or lesser violations.

Howe was disbarred in 2017 after a 60-day disciplinary hearing found him guilty of professional misconduct and incompetence. Complaints included scheduling himself in multiple courts simultaneously, inadequate client file documentation and poor service.

The investigator compared Howe’s treatment with disciplinary outcomes involving other lawyers, including prominent Cape Breton defence lawyer Nash Brogan. Brogan received a six-month suspension after being found guilty of misconduct and incompetence, while Howe remains unable to practise.

Howe said the investigation provided an opportunity to examine disciplinary practices affecting Black lawyers over a 25-year period.

The commission’s report became public after the Barristers’ Society sought judicial review of the decision to establish an inquiry. In February, Nova Scotia Provincial Court Chief Judge Perry Borden appointed a 3-member panel to conduct hearings.

Jennifer Pink, interim executive director of the Barristers’ Society, said the organization disputes the commission’s decision and has challenged it in the Supreme Court of Nova Scotia. She said the province’s highest court had previously found no evidence supporting Howe’s claims of racial bias.

The society also cited the Ruck report, which examined racism in Nova Scotia’s justice system. Pink said the courts had found that report provided no basis for concluding Howe’s disbarment resulted from systemic racism. Howe’s applications for leave to appeal to the Supreme Court of Canada were subsequently denied.

Howe maintains that the human rights process addresses whether the society discriminated against him, rather than revisiting the misconduct findings that led to his disbarment.

He also believes his 2014 sexual assault conviction, later overturned on appeal, affected how disciplinary officials viewed him.

“I’ll never be made whole,” Howe said, noting that he has been unable to practise for about 10 years. He said he hopes his case can prevent future Black lawyers, including his own son who is considering law school, from experiencing similar difficulties.

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