Prominent lawyer at disciplinary hearing
Harte asked teen to leave high school to testify at a trial last year
Shane Magee
Northern News Services
Wednesday, October 5, 2016
SOMBA K'E/YELLOWKNIFE
A prominent criminal defence lawyer was the one facing questions Thursday about his conduct.
Defence lawyer Peter Harte outside the Yellowknife courthouse in June. - NNSL file photo |
Peter Harte appeared before a hearing at the NWT Law Society office Thursday morning about whether it was wrong to have a 15-year-old leave school and testify in a case without first notifying the mother, who had custody of the boy.
The case involves sensitive family matters and a criminal trial. Some details, including names, have been withheld.
The hearing, held over about three hours Thursday morning at the law society office in Diamond Plaza, saw a lawyer representing the law society put forward arguments followed by response by a lawyer representing Harte.
"Where is the duty on Mr. Harte to tell the mom?" said Mona Duckett, who was representing Harte during the hearing. She said there's nothing legally, morally or ethically to say he had to tell her since the youth had agreed when asked to testify.
Molly Naber-Sykes, representing the law society, said she understood Harte had to balance his obligations to defend his client while acting in a manner that reflects positively on the legal profession. She said he failed on the second count by not notifying the mother when the teen was asked to testify on June 11, 2015.
She argued Harte could have simply called the mother that morning to notify her that her son would be taken from high school to attend court.
However, Duckett pointed out given the complicated family situation, there was a risk the mother would demand her son not testify.
The society, a self-regulating organization, had investigated a complaint about Harte's actions. The investigation then prompted the hearing before a sole inquirer, Andrew Fox. After hearing the sides, Fox said he will take time to weigh the issues and issue a ruling as soon as he can.
Harte faces up to a $2,000 fine or reprimands if the complaint is found to be justified.
"The inquirer in this case will go away, look at the facts, consider the arguments and render a decision within those parameters, or, as you say, decide that there are no sanctions required in this case," said Donna Allen, executive director of the NWT Law Society about what happens next.
"One of the things that we as a regulatory body want to ensure is that the public has confidence in the legal profession and in how they practice. So that's really the standard the inquirer is likely to look at, but it is somewhat subjective, often. Clearly in very serious violations, that standard is going to be much easier to assess, than something that's a bit more nebulous."
The society receives about five to six complaints per year, she said. Complaints can be from the public or from the society itself.
Harte is currently representing Yellowknifer reporter John McFadden who is accused of obstructing a police officer. A verdict in the case is expected Oct. 21.
