Thank you, Mr. Chairman. Mr. Chairman, Bill 9 amends the Legal Profession Act at the request of the Law Society of the Northwest Territories to make a number of changes to the provisions relating to the discipline process. The most significant amendments would permit the chairperson of the discipline committee to appoint one member of that committee as a sole inquirer to inquire into conduct of a lawyer or articled student that would not likely result in the imposition of severe penalties such as the suspension or disbarment of a lawyer or the suspension or termination of the articles of a student. The sole inquirer would be empowered to issue a reprimand and impose a fine or an order for costs where he or she finds misconduct, but the sole inquirer could not suspend a lawyer or student or order disbarment or the termination of articles.

The Legal Profession Act presently requires that any inquiry be condud.ed before a three-person committee of inquiry. This mechanism would still be used for serious discipline complaints, but the appointment of a sole inquirer in less serious matters would permit a more expeditious and less expensive process to be used to resolve complaints. One of the criticisms raised by both complainants and lawyers is that the present discipline process is too slow; it would be easier to schedule a prompt hearing before a sole inquirer than before a tribunal of three practising lawyers.

The bill would also amend the act to:

1. Specifically provide for the discipline of articling students rather than relying on a present provision of the act which states that the discipline provisions applicable to lawyers apply to students "with such modifications as the circumstances require." This amendment will remove uncertainties about the application of the discipline process to articled students;
2. Permit the executive of the Law Society or the chairperson of the discipline committee to designate a vice-chairperson of the discipline committee to act in the place of the chairperson or to perform specified functions or duties of the chairperson. This amendment would permit a distribution of the chairperson's workload, which has been increasing significantly as the membership of the Law Society has grown;
3. Repeal provisions providing that the chairperson of the discipline committee may choose to conduct a "preliminary investigation• in respect of a complaint. The "preliminary investigation" was intended to be a separate procedure from the screening performed by the chairperson in respect of all complaints, but it has not been used by the Law Society, and the extensive powers given to the chairperson in the conduct of a preliminary investigation are regarded as inconsistent with the role of

the chairperson as a "screener" who refers any serious matter to an inquiiy conducted by other persons;

4. Increase the maximum fine that can be imposed against a lawyer or articled student by a committee of inquiry from $1,000 to $10,000 in the case of a lawyer, and from $200 to $2,000 in the case of a student. The maximum fines for lawyers and articled students have not increased since the Legal Profession Act was first enacted in 1976, and the new maximum fine amounts should constitute a more credible sanction;
5. The amendments will provide for the automatic suspension of a lawyer or articled student who does not pay a fine or an order for costs within the time set by a sole inquirer or committee of inquiiy. Providing for the automatic suspension of a lawyer or articled student who fails to pay a fine or an order for costs avoids the necessity of a committee of inquiry or sole inquirer having to make a specific order to this effect at the time of delivering its decision, or having to make a new order when there is a default. It also alerts lawyers and students to the consequences of a default.

Finally, the bill contains transitional provisions to ensure that the amendments do not apply to matters that have been sent to a committee of inquiiy before the amendments come into force. Mr. Chairman, I, with my officials, would be pleased to answer any questions that the committee may have.