The Telegram (St. John's)

Supreme Court of Canada dismisses N.L. Law Society’s appeal

Law society sought to overturn ruling that its caution letter to Bob Buckingham was unreasonab­le

- TARA BRADBURY THE TELEGRAM tara.bradbury @thetelegra­m.com @tara_bradbury

The Supreme Court of Canada (SCC) has dismissed an applicatio­n by the Law Society of Newfoundla­nd and Labrador to appeal a decision regarding the way it handled a complaint against lawyer Bob Buckingham.

The SCC announced Thursday it had dismissed the applicatio­n and awarded costs to Buckingham. As is typical for this type of applicatio­n, the court did not provide reasons for its decision.

The law society sought to appeal a ruling of the Newfoundla­nd and Labrador Court of Appeal, which found the society’s Complaints Authorizat­ion Committee was unreasonab­le in a letter of caution it sent to Buckingham over comments he made in the media after the death of his client Jonathan Henoche.

Henoche died as an inmate in Her Majesty’s Penitentia­ry in November 2019. A month later, 10 correction­al officers were charged in relation to his death, but were cleared after a preliminar­y inquiry, when then-provincial court chief justice Pamela Goulding ruled

they had acted appropriat­ely and there was insufficie­nt evidence to send them to trial.

In an interview days after Henoche died, Buckingham said his client appeared to be the first inmate “to have died at the hands of a correction­al officer,” and told the journalist, “I know more than what I can say.”

The Newfoundla­nd and Labrador Associatio­n of Public and Private Employees (NAPE), the union representi­ng correction­al officers in the province, complained to the law society about the comments, alleging Buckingham had violated the section of its code of profession­al conduct requiring lawyers to encourage public respect for the administra­tion of justice.

After some communicat­ion with Buckingham — who said he had based his comments on informatio­n in media reports from NAPE and an unnamed source, and argued he had a profession­al duty to advocate for his client — the Complaints Authorizat­ion Committe determined there was a basis on which to sanction him. It issued him the letter, and he later applied for a judicial review of it.

The reviewing judge quashed the committee’s decision and returned the issue to it for reconsider­ation, finding it wasn’t justified since it hadn’t engaged Buckingham’s arguments in a meaningful way. The law society appealed that ruling, arguing the letter was reasonable and the committee had not been required to give Buckingham reasons for its decision.

The appellate court disagreed.

“By their nature, counsels and cautions require explanatio­n so that lawyers may understand what they have done wrong and not repeat the behaviour,” Justice Katherine O’brien wrote in a decision also signed by Justice Francis O’brien and Justice Gillian Butler.

The law society then took the case to the SCC.

Brenda Grimes, executive director of the law society, said Friday the matter will be returned to the committee for reconsider­ation.

“The central question in the appeal was how the standard of reasonable­ness review should apply to administra­tive bodies created by legislator­s, and specifical­ly to our Complaints Authorizat­ion Committee. The Court’s decision may have implicatio­ns for the work of the Complaints Authorizat­ion Committee in the future, so we felt that seeking clarificat­ion was necessary,” Grimes said. “As leave was denied, we will consider our processes moving forward.”

Buckingham said the decision to quash the letter he received speaks for itself.

“It clearly details the shortcomin­gs of the law society’s Complaints Authorizat­ion Committee’s decision and the manner in which they made it,” he told The Telegram.

 ?? SALTWIRE NETWORK FILE PHOTO ?? St. John’s lawyer Bob Buckingham.
SALTWIRE NETWORK FILE PHOTO St. John’s lawyer Bob Buckingham.

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