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Lawyer faces disciplinary hearing
Peter. J. Harte to appear before law society over complaint

Jessica Davey-Quantick
Northern News Services
Friday, September 23, 2016

SOMBA K'E/YELLOWKNIFE
A Yellowknife lawyer will appear before the Law Society of the Northwest Territories at the end of the month for a hearing to investigate a complaint about his conduct.

The law society inquiry will investigate an incident from June 11, 2015, where criminal defence lawyer Peter J. Harte is alleged to have made an unnamed minor, identified in the public notice as "GS," leave school without the permission or knowledge of his custodial parent.

Donna Allen, deputy secretary and executive director of the law society, said she was not able to comment on specifics of the complaint.

"We are a professional regulator, and like most professional regulators, someone has a complaint or concern about a regulated profession, in this case a lawyer, they get touch with us and make that complaint and then we have a process that gets followed in terms of investigation," said Allen.

Member of discipline committee to hear case

"Should an investigation say, 'Yes, there might have been something wrong here,' we will proceed to an inquiry, which is what's happening here."

The public hearing, scheduled for Sept. 29 at 9 a.m at the NWT Law Society office at 5204 50 Avenue, will be heard before a sole inquirer - a member of the discipline committee from the law society - who will hear the facts of the case and make a decision.

"So a hearing is a pretty grandiose term," said Allen. "In the case of a sole inquirer the decision is limited to reprimand, maybe fines, or no findings at all. Like any other hearing, a sole inquirer could decide there's nothing here and dismiss the complaint or could find that a reprimand is required or potentially fines."

She said the sole inquirer can call witnesses and ask for evidence to be produced during the hearing, adding that the inquirer had "pretty broad powers actually to make sure that they can fully understand what happened, from both sides."

Harte faces a fine of up to $2,000 if found in violation.

"We receive complaints about lawyers not all the time ... But we do receive some," said Allen, adding as far as she knows, there has never been a finding against Harte.

"I think we had six or seven this year. And our job is to follow-up, investigate and where there's findings in an investigation to refer them on to either a sole inquirer or committee of inquiry."

The original public notice of the hearing included four alleged incidents of conduct deserving of discipline.

However, three of the allegations were dismissed after the law society determined they were unwarranted, according to Allen.

Harte could not be reached for comment.

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