Me Stephane Harvey has just seized the Superior Court to ensure that the threat of radiation which hovers under his head is debated with real points of law and that the jurists who judge him have jurisdiction.
“The judge mentioned that the sanction of the council could be pronounced, but that it could not be effective before I was heard in Superior Court”, explains Me Harvey who, let us recall, filed a declinatory request for lack of competence of the council. .
The Superior Court took the case under advisement, while the Disciplinary Council of the Bar decides on its own fate.
In fact, the judge Guy DeBlois says he prefers to wait for the decision of the Disciplinary Council of the Bar, which must itself judge whether it has jurisdiction.
“If he comes to the conclusion that he does not have jurisdiction having committed serious misconduct by his Secretary, all charges fall. I become white as snow again”.
In the event that the Disciplinary Council of the Bar says it still has jurisdiction to sanction Me Harvey, the case will be heard at the Superior Court, hence the most recent legal action.
“I would be surprised if the Council dissociates itself from this fraud, but everything is possible by the discovery of this false document. The decision is up to him, ”said the lawyer who represented Jérémy Gabriel against comedian Mike Ward.
For his part, Me Nathalie Lavoie, ad hoc trustee, argued in the Superior Court that the application for a declinatory exception before the Board was inadmissible. “She has only one word in her mouth, radiation, radiation, radiation”, deplores Me Harvey, specifying that Me Lavoie was not happy with the stay in the file.
It should be noted that the Disciplinary Council of the Bar was represented by two lawyers: Me Jean-Francois Longtin and me Sophie Beland. “In 32 years of practice, this is the first time that I have seen the Board represented in Superior Court, a sign that the case is delicate”, mentions Me Harvey.
In addition, Me Stéphane Harvey asked that the same judge remain seized of the case. He must address this Wednesday noon before the associate chief judge, as required by the procedure in such a file in special management.
A new tone
Now that he is convinced that he has the big end of the stick, Me Harvey does not hesitate to denounce what he describes as injustice.
“At the beginning, I remained discreet, but now that I have proof of the fake, I no longer want to be silent. The Bar has defrauded and I even believe that it is a practice of the Bar, more than you think, ”he says in a firm tone, in a telephone interview with Droit-inc.
Mr. Harvey is scathing towards the Disciplinary Council of the Barreau du Québec, which found him guilty of 10 of the 12 charges against him last April.
Me Stéphane Harvey said loud and clear that the Disciplinary Board had no jurisdiction as it was not formed according to the rules of the art.
The lawyer claims that contrary to the strict requirement set out in section 138 of the Professional Code, two of the three members who sat on the board were not chosen by the Secretary of the Disciplinary Board.
Moreover, the lawyer maintains that the former Secretary of the Council, Me Martin Hovingtonhas “forged a document to save face”.
Mr. Harvey discovered that the “Designations of Members” document not only did not exist, but that it had been “made in a hurry”.
“The Secretary of the Council should have replied that the document did not exist. That he failed to write it well and blah blah blah. No, they preferred to make one from scratch by putting a dummy date of 2021, when it was written in 2022. Which is extremely serious”.
Mr. Harvey hired a computer specialist to uncover the “deception”. Simon LavalleeBachelor in Information Technology Engineering and member of the order of professional technologists of the firm H2E concluded that “The metadata linked to the PDF document unquestionably indicates that the document was created on July 20, 2022 at 9:21 and 44 seconds. “.
It should be noted that Me Martin Hovington is now director of the quality of the profession at the Barreau du Québec, including professional inspection and continuing education.