The province’s highest court has rapped none other than the Law Society for the way it handled a complaint against lawyer Bob Buckingham.
It had to do with comments he made to media days after the death of his client, Jonathan Henoche, at HMP in 2019.
(Jonathan Henoche via Facebook.)
NAPE president Jerry Earle first made comments about the circumstances, suggesting guards were present and assaulted. Buckingham countered, suggesting it could be a homicide and calling for a public inquiry into that death, and others at HMP.
NAPE complained to the Law Society, which cautioned Buckingham with a letter of counsel, or advice.
Buckingham, now in his 30th year of practice, was not impressed, and challenged it in Supreme Court.
“They sent me a letter of caution, and counsel, and said I should be more careful, which is just the wrong thing to say to the wrong person.”
He won, but the Law Society appealed, and lost, in a decision released this week.
The high court said it was unreasonable not to give Buckingham reasons for being disciplined, and sent the matter back to them for review.
Buckingham says it also sets precedent for other professional associations and law societies across Canada.
“I think the law society is very upset with their loss. Now they have instruction and direction from our Court of Appeal, and it’s also direction to a lot of other professional organizations in this province. They are saddled with this direction and its instruction to law societies and lawyers across the country.”
