Bill 9: An Act To Amend The Legal Profession Act

In the Legislative Assembly on February 22nd, 1995. See this topic in context.

Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 252

The Chair John Ningark

Bill 9 is the next item for consideration under item 20. If I can find it. I befieve Mr. Kaklwi has opening remarks on Bill 9. Mr. Kaklwi.

Minister's Introductory Remarks
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 252

Stephen Kakfwi Sahtu

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:

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;
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;
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;

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;
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.

Minister's Introductory Remarks
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

The Chair John Ningark

Thank you, Mr. Minister. Designated spokesperson for the Standing Committee on Legislation which reviewed the bill, do you have opening comments? Mr. Whitford.

Standing Committee On Legislation Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

Tony Whitford Yellowknife South

Thank you, Mr. Chairman. Mr. Chairman, on behalf of the Standing Committee on Legislation, I am pleased to report on Bill 9, An Act to Amend the Legal Profession Act. The Standing Committee on Legislation has completed its review of Bill 9, an Act to Amend the Legal Profession Act. Public hearings were held in Yellowknife on December 13, 1994. The Law Society of the NWT made a presentation to the committee regarding the amendments proposed in the bill.

The main purpose of Bill 9 is to provide for an efficient, timely and less costly scheme for dealing with disciplinary matters of a relatively minor nature. The amendments contained in the bill come at the request of the Law Society of the NWT. The NWT Legal Profession Act came into force in 1978. The model adopted for the conduct of the disciplinary hearings was a three member committee of inquiry. The cost of conducting a typical one day inquiiy runs at approximately $8,000. The committee heard that the time it takes to convene an inquiry under the three member system is considered to be onerous, often taking months to schedule. Therefore, in order to expedite the discipline process and save costs, the Law Society proposed that hearing could be conducted by a sole inquirer into less serious matters.

Where the complaint against a member of the society could result in suspension, disbarement or the imposition of a heavy fine. the matter would still be referred to a full committee of inquiry. In this manner, the rights of members are still protected.

The standing committee did not hear any remarks opposing the proposed amendments and therefore, on December 13, 1994, the standing committee passed a motion that Bill 9, An Act to Amend the Legal Profession Act, be referred to the Legislative Assembly as ready for consideration in committee of the whole. This concludes the report of the Standing Committee on Legislation.

Standing Committee On Legislation Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

The Chair John Ningark

Thank you. Before I call for general comments, I would like to ask the honourable Minister if he wishes to bring in a witness or witnesses.

Standing Committee On Legislation Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

February 22nd, 1995

Page 253

Stephen Kakfwi Sahtu

Yes, thank you.

Standing Committee On Legislation Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

The Chair John Ningark

Thank you. Mr. Minister, for the record, would you please introduce the witness to the committee.

Standing Committee On Legislation Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

Stephen Kakfwi Sahtu

Thank you, Mr. Chairman. I have on my right, Mr. Mark Aitken, legislative counsel.

Standing Committee On Legislation Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

The Chair John Ningark

Thank you, Mr. Minister. We are dealing with Bill 9, An Act to Amend the Legal Profession Act. General comments are now at hand. General comments on the bill. Mr. Whitford.

General Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

Tony Whitford Yellowknife South

Thank you, Mr. Chairman. Just for the record, I would like to ask the Minister one question about this bill. This doesn't affect the public in any way; it is merely an internal matter which deals with the legal profession, is that right? The general public is not involved and it is not costing any money to the public; it just allows for certain actions to be taken at less cost to the profession than it would otherwise, am I correct?

General Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

The Chair John Ningark

Thank you. Mr. Minister.

General Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

Stephen Kakfwi Sahtu

Mr. Chairman, the Member is correct. It is the Law Society that, as a profession, takes to dealing with such matters internally. It is at their request that we are moving these amendments. There is one change that affects/involves the public which is the amendment which directs us to publish in the Gazette those actions that are taken with regard to these amendments by the Law Society. That is under clause 32, subsection 2, I believe. Oh, I'm sorry, clause 16.

General Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

The Chair John Ningark

Thank you. Any further general comments from the committee? Mr. Whitford.

General Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

Tony Whitford Yellowknife South

Thank you, Mr. Chairman. This doesn't override any rights of young lawyers or articling students; no rights are removed or anything like that, is that right? Or are there?

General Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

The Chair John Ningark

Thank you. Mr. Minister.

General Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 253

Stephen Kakfwi Sahtu

Mr. Chairman, as I understand it, the Law Society represents lawyers as a profession and I

guess, as doctors do, they have their own code of conduct and take it upon themselves to discipline themselves. That is what is laid out in the act. Whatever rights articling students have do not change. All this does is streamline the process by which the rights of the complainant and the rights of the articling student or lawyer against whom the complaint is made are dealt with. It proposes to streamline that process. Thank you.

General Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 254

The Chair John Ningark

Thank you. Mr. Whitford, I believe that clause 9 deals, to a degree, with the question you asked. Mr. Whitford, do you have further general comments?

General Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 254

An Hon. Member

Clause by clause.

General Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 254

The Chair John Ningark

Should we go clause by clause?

General Comments
Bill 9: An Act To Amend The Legal Profession Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 254

Some Hon. Members

Agreed.

---Agreed