Shrubsall: Andy Fillmore’s challenge and opportunity

Is Halifax Liberal MP Andy Fillmore just one more mindlessly reliable yes-vote for whatever Justin Trudeau’s Liberals propose or oppose? Or could he fill what is now a political void and champion a non-partisan attempt to make sure our parole system helps those who deserve it while protecting the rest of us from dangerous offenders […]

William Shrubsall: gambling on US justice, gambling on public safety

The parole board agrees dangerous offender William Shrubsall is still a danger. So why grant him full parole? Good question. Bad answer. The column first appeared in the Halifax Examiner November 27, 2018. “After considering the following information, the Board has decided to take no action on your day parole and to grant full parole […]

Christopher Garnier’s PTSD: right policy, wrong result, better outcome…

This column originally appeared in the Halifax Examiner September 3, 2018. Sometimes a right policy results in a wrong result. Most of the time — including in the case of convicted murderer/diagnosed PTSD sufferer Christopher Garnier — we are better off focusing on the right policy rather than on the occasional unexpected, unhappy wrong result of that […]

The judge, the complaints and finding the balance between judicial independence and public confidence

This column originally appeared in the Halifax Examiner April 9, 2018 “In the Matter of Complaints Against Judge Gregory Lenehan, made pursuant to the Provincial Court Act, R.S.N.S. 1989, c. 238 …” If nothing else, last week’s decision by the review committee looking into allegations of “misogynistic reasoning,” and “gender bias” by Nova Scotia Provincial […]

The Horne case: mumble-mouthed nothings from mealy-mouthed nobodies

This column originally appeared in the Halifax Examiner March 5, 2018. If you read only last week’s headlines — Appeal Court Slashes Damages Payout to Cardiologist Gabrielle Horne (Chronicle Herald); Halifax Cardiologist Sees Reduced Damages of $800K in Suit Against Health Authority: Nova Scotia Court of Appeal Rejects Appeal by Dr. Gabrielle Horne to also Sue […]

A jury of whose peers?

This column originally appeared in the Halifax Examiner on February 19, 2018. Let’s start with this. Any jury might have acquitted Gerald Stanley, the 56-year-old white Saskatchewan farmer who shot and killed Colten Boushie, a 22-year-old indigenous man, on his farm in August 2016. There are two competing narratives about what happened, and even more about the meaning […]

Lyle Howe: a sad end to a sad case

This column originally appeared in the Halifax Examiner on October 23, 2017. “The Hearing Committee of the NOVA SCOTIA BARRISTERS’ SOCIETY gives notice of the disbarment of Lyle Howe of Halifax, Nova Scotia pursuant to Section 45(4)(a) of the Legal Profession Act, effective October 20, 2017 until further notice.” In the end, the end was no surprise. The […]

Bar Society says Lyle Howe should be disbarred, ordered to pay $500,000

The Nova Scotia Barristers’ Society wants Lyle Howe not only disbarred from practising law for at least five years, but it says he should also have to pay between $450-600,000 of the costs of the disciplinary hearing against him. The society estimates its total cost in the case at $1.1 million — a figure that […]

Who’s going to fix our broken criminal justice system?

This column originally appeared in the Halifax Examiner on July 30, 2017. “The evidence has therefore made it clear to us that it can be unfair to expect that a brass knuckle possession, or breach of recognizance, or theft-under file for a repeat offender currently in custody being dealt with on a legal aid certificate will […]

The Lyle Howe case: guilty, but…

This column originally appeared in the Halifax Examiner July 24, 2017. The CBC headline — “Halifax Lawyer Lyle Howe Found Guilty of Professional Misconduct, Incompetence” — was simple. And it is accurate. So far as it goes. But the actual 140-page decision by a disciplinary panel… IN THE MATTER OF: The Legal Profession Act, S.N.S. 2004, […]