London barrister appeals Bar Court suspension

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A controversial London lawyer is appealing his suspension by a supervisory court, saying the Ontario bar is biased against him and engages in ‘libel and doxing’.

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The Law Society of Ontario calls him a “pseudo-intellectual, racist and misogynist with bizarre opinions, without proof or trial,” Oussama Hamza wrote in his appeal.

This view is one of the examples of bias that violates UN principles on the role of lawyers, he said.

“The Bar has failed in its duties of fairness, candor, honor and honesty,” concludes his appeal.

Hamza was suspended on June 29 by the Law Society Tribunal for failing to provide information in connection with an investigation by the Law Society of Ontario sparked by complaints from two former clients.

Hamza is also the subject of a second bar investigation for several allegations, including making racist and sexist remarks on social media and in court documents and “hostile, inflammatory, inaccurate and discriminatory written statements in court documents. and in related correspondence, and on its company website.

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The stay appeal is the latest twist in a bizarre story that has seen Hamza sue a judge and insist he shouldn’t have to pay taxes to settler governments, call judges “your honor or pay a fee to the “racist” Law Society of Ontario.

The suspension involves an investigation that began in November after complaints from two former customers.

A complaint says Hamza may have misled the client, may not have followed client instructions and may have breached client confidentiality, according to the June 28 Bar Court ruling.

The second complaint indicates that Hamza may not have competently provided legal services and may have engaged in discriminatory behavior, among other things, according to the June 28 ruling.

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During the investigation of these complaints, the bar attorney contacted Hamza five times between December 1, 2021 and February 4, 2022, requesting documents and submissions, the court hearing said.

Although Hamza responded, according to the June 28 decision, those responses did not relate to the requested information.

Instead, Hamza replied that the documents should be from his former clients, that he would respond when there is evidence in front of him, that his clients used the bar as a ‘tool of harassment’, the bar is biased and “the investigating lawyer is an accuser who claims to be investigating,” according to the June 28 judgment.

Hamza accused the investigating lawyer of bias, racism and Islamophobia.

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There was no evidence of this, the court ruled, but “it is apparent that the bar has not received complete responses to the submissions”, the court ruled.

Hamza’s license has been suspended until he provides full answers to the investigating attorney.

The Law Society Tribunal Appeal Division will hear Hamza’s appeal. The date for this hearing has not yet been set.

In his appeal request, Hamza states, “The Law Society is the investigator, plaintiff, witness, tribunal and beneficiary of this proceeding at the cost and expense of the appellant and his clients. This is a conflict of interest and gives rise to a reasonable apprehension of bias” according to the UN Principles on the Role of Lawyers.

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“Although the Law Society publishes the Appellant’s personal information, it does not publish that of the Complainants or the details of their complaints, the reasons for them and the Appellant’s response. This goes against the principle of the publicity of legal proceedings. . . It also constitutes defamation and doxing,” his appeal reads.

Hamza could not be reached for comment on Tuesday. In July, calls to his desk phone reached a voicemail directing people to one of his websites, before saying goodbye and hanging up.

This week, one of its websites was inaccessible to the public, while a second no longer offered its contact details. A response request sent by e-mail did not receive a response.

A hearing for the other case involving allegations of inappropriate remarks has not been scheduled. The notice of this hearing outlines seven allegations regarding ongoing activities that began in 2020, including that Hamza:

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  • Made “discriminatory, racist, sexist or offensive comments on social media, on his firm’s website, in court documents and related correspondence, which were directed at members of the public, the bar, complainants at bar, members of the judiciary, other licensees and the Canadian justice system.
  • Tried to obstruct a law society investigation by threatening to take legal action and “failed in his duty to act with integrity, in particular his duty to practice law and discharge all responsibilities to his clients, the courts, the public and other members of the profession, by making hostile, inflammatory, inaccurate and discriminatory written statements in court documents and related correspondence, and on his firm’s website. »

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These allegations relate to incidents that began in the fall of 2020, a court spokesperson confirmed.

That fall, lawyer Vincent Rocheleau posted messages on LinkedIn encouraging women to participate in a University of Ottawa project about their experiences with the COVID-19 pandemic.

According to the court rulings, Hamza responded on LinkedIn with posts about women’s contributions to academia, including that “women didn’t write their history because they didn’t care” and “women don’t care.” simply don’t care about history or philosophy”. because “women don’t generally consider being a philosopher or a historian to be ‘sexy’. ”

Hamza defended himself with comments about his detractors, including that Rocheleau and another person “colonized and genocided the country”, and that white women had “raised murderers of Indians and blacks whom they now claim to support. against “bad guys” like “him,” according to court documents.

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Rocheleau filed a complaint with the Law Society of Ontario, alleging Hamza’s comments were racist and sexist.

Another message from Hamza led to another complaint to the bar. The post showed a photo of law student Ismail Aderonmu, his wife and children, with speech and thought bubbles making derogatory comments about them, according to a court ruling.

Aderonmu’s complaint alleged that posting such content was “conduct unbecoming a lawyer.”

In response to the complaints, Hamza filed a lawsuit against the bar association and the plaintiffs, asking the court for financial damages and several orders, including that he not be required to refer to a judge in the future in as “your honor” or “justice”. and that he no longer pays taxes to “a European colonizer, but to a ‘Red Indian’ representative in the government”.

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In April 2021, Superior Court Judge Thomas Heeney dismissed the case on a technicality and called Hamza’s arguments “incomprehensible legal gibberish”.

Hamza then sued, in French, the same people plus Heeney. Superior Court Judge Robin Tremblay called the action “frivolous, vexatious and an abuse of court” in a decision released January 17, 2022.

Hamza also took her case to the Ontario Court of Appeal. It upheld Heeney’s decision, dismissed the appeal, and concluded that Hamza’s legal arguments “continue to make racist and misogynistic statements and include personal attacks.”

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