N.S. lawyer suspended after courtroom confrontation with ex-colleagues, sheriff's deputies

The complaints investigation committee of the Nova Scotia Barristers' Society has been looking into allegations against Donn Fraser by his former law partners.  (CBC - image credit)
The complaints investigation committee of the Nova Scotia Barristers' Society has been looking into allegations against Donn Fraser by his former law partners. (CBC - image credit)

The Nova Scotia Barristers' Society has suspended a Pictou County lawyer whose courtroom dispute with his former law partners ended with sheriffs' deputies wrestling him to the floor in February of this year.

The indefinite suspension announced Thursday is the latest instalment in an ongoing legal drama between Donn Fraser of New Glasgow and his one-time colleagues.

The society's complaints investigation committee initially issued a suspension against Fraser after the February incident, but it was put on hold as Fraser appealed the suspension to the Nova Scotia Appeal Court.

That appeal was dismissed Thursday.

In a statement to CBC News, Fraser said he was disappointed with the Appeal Court's decision and took issue with its description of the altercation with two of his former partners and sheriffs.

Lawyer poured water on former colleagues: email

According to a written Appeal Court decision, the incident occurred in Nova Scotia Supreme Court in Pictou. In an email to the barristers' society, Joel Sellers — one of the two lawyers — said Fraser approached him and lawyer Mary Jane Saunders in the courtroom and poured water on them, soaking their clothes.

Sellers said four sheriffs confronted Fraser and ended up wrestling him to the floor before he was led away in handcuffs, the decision read.

In his statement to CBC News, Fraser disputed the language the Court of Appeal used to characterize the confrontation. He said he did not "brawl" with sheriffs or physically resist them. Instead, Fraser said he was on the receiving end of "inappropriate and abusive" conduct by sheriffs.

In its assessment of the confrontation, the three-member Court of Appeal panel wrote of listening to the audio recording from the court that day and describing it as "bedlam."

Guilty pleas on multiple charges

On Oct. 22, Fraser pleaded guilty to four charges. Two of them, assault and resisting or obstructing a public officer, related to the February incident. The other two charges, mischief and resisting or obstructing a public officer, were in relation to incidents in July and August.

Two other charges were dismissed. He was given a conditional discharge, including 18 months probation.

The suspension announced Thursday by the society is not the first time it has restricted Fraser's ability to practise law. He also faced discipline in 2021 as his relationship with his former partners disintegrated.

The complaints investigation committee of the barristers' society continues to investigate complaints against Fraser relating to alleged behaviour toward his former law partners.

In September, the society said all of Fraser's court appearances where he is representing himself would have to be by video conference. The society also required Fraser to communicate with Crowns and other opposing counsel in writing.

Fraser stressed that none of these issues relate to the professional services he has provided his clients during his 20 years practising law.

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