SUPREME COURT OF Nova Scotia
Citation: Nova Scotia (Public Prosecution Service) v. Howe, 2016 NSSC 207
Date: 2016-08-09
Docket: Halifax No. 453774
Registry: Halifax
Between:
Nova Scotia Public Prosecution Service
Applicant
v.
Lyle Howe, the Nova Scotia Barristers’ Society, and a Hearing Panel appointed pursuant to the Legal Profession Act, SNS 2004, c. 28, as amended SNS 2010, c. 56
Respondents
Library Heading
Restriction on Publication: See Order of July 29, 2016
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Judge: |
The Honourable Justice James L. Chipman |
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Heard: |
July 28 and 29, 2016, in Halifax, Nova Scotia |
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Written Decision: |
August 9, 2016 |
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Subject: |
Subpoenas Interlocutory decision of a Hearing Panel Prematurity/“ripeness”
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Summary: |
The Nova Scotia Public Prosecution Service made an application in Special Chambers to quash seven Crown Attorney subpoenas authorized for issuance by the Hearing Panel in The Nova Scotia Barristers’ Society v. Lyle Howe. The parties to the proceeding, Lyle Howe and the Nova Scotia Barristers Society, opposed the application. In particular, Mr. Howe argued the Hearing Panel was in lawful exercise of its authority when it authorized the subpoenas to be issued. The Nova Scotia Barristers’ Society, in addition to arguing that absent exceptional circumstances the Court should refrain from intervening in an interlocutory decision of the Hearing Panel, took the position that (argued by way of a preliminary motion) that the application was premature.
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Issue: |
Was the PPS’s application premature? |
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Result: |
The Court determined that the PPS’s concerns have yet to manifest themselves and it remains to be seen if they will. The matter for which the PPS seeks judicial intervention is not ripe and the Court therefore declined their request for judicial intervention. |
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