I have for the Members, I have a motion from Mr. Henry, but I do not have it verbally, but I have indication from him, he is drafting the motion. Therefore, I would suggest we take a 5-minute break and give him opportunity to do it.
Debates of Feb. 18th, 1998
Topics
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Some Hon. Members
Agreed.
--Break.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair Vince Steen
I would like to call the committee back to order. In regard to the motion, Mr. Henry, that you want to put forward, I have been advised you would have opportunity to put it forward under activity summary, the lawyer support services. Would you hold your motion, until that time? The Chair would then recognize you at that time, for putting forward your motion. Is that agreeable, Mr. Henry?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Seamus Henry Yellowknife South
Thank you, Mr. Chairman, I appreciate that. That will be fine. Thank you.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair Vince Steen
Thank you, Mr. Henry. I am on directorate, operations and maintenance, total operations and maintenance, $3.801 million. Agreed?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Some Hon. Members
Agreed.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair Vince Steen
Mr. Krutko, I will recognize you under the condition that we are not going to be discussing something we have already discussed before. Mr. Krutko.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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David Krutko Mackenzie Delta
Thank you, Mr. Chairman. In regard to the appointment of judges, especially Territorial Supreme Court, there was an outcry in regard to Ottawa, where they were looking at an appointment to the Federal Supreme Court. At that time there was a question about trying to identify an aboriginal person to be appointed to the court, based on the whole idea of the cultural makeup of the different communities, especially in the territories where you have a large aboriginal population. Have you looked at the possibility of trying to identify if an appointment comes open, to consider an aboriginal person be appointed to the Supreme Court of the Northwest Territories?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Goo Arlooktoo Baffin South
Thank you, Mr. Chairman. Although I understand the concept and may agree with the idea that we need more aboriginal representation in this field of justice, the Supreme Court judges for the Northwest Territories are appointed by the federal government and not by us. As I understand it, in order to be a Supreme Court judge, you need ten years of experience as a lawyer. That is one area that we severely lack in the north, the aboriginal lawyers with that many years of experience.
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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David Krutko Mackenzie Delta
Thank you, Mr. Chairman. Well there are a few aboriginal lawyers I know of, naming them offhand, Rick Hardy and Jack Williams and a few other people that may know of other ones but who are presently practicing law in the Northwest Territories, on the basis of ten years, I understand but does this government have any involvement in recommending to the federal Department of Justice, who they may want to recommend to be on the Supreme Court? On the notion that there are no aboriginal people who can fill that seat, I believe there is.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Goo Arlooktoo Baffin South
Thank you, Mr. Chairman. As in several other areas where the federal government makes appointments, they do from time to time ask the GNWT for suggestions and we would give them a suggestion or we could also lobby the federal government in trying to ensure one of these suitable people be considered. Just in addition to that, I am scheduled to meet the federal justice Minister on Monday, I believe. Although this would not be the purpose of the meeting, this could certainly be one thing I might bring up as an
issue.
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David Krutko Mackenzie Delta
Thank you, Mr. Chairman. I would like to thank the Minister for considering bringing this up with the federal Minister. At the present time, are there no vacancies on the NWT Supreme Court or are we contemplating anyone resigning or stepping down or moving onto greener pastures?
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Goo Arlooktoo Baffin South
Thank you, Mr. Chairman. As I personally do not know the answer to that, I would ask the deputy minister to provide the answer.
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Cooper
Thank you, Mr. Chairman. There is a vacancy on the Supreme Court at the present time but it has been agreed by the judiciary, the federal and territorial governments that the next appointment would be in Nunavut on the understanding that the next Supreme Court judge appointed in Nunavut would become a judge of the Nunavut Supreme Court, upon division. We are hopeful at least one Supreme Court justice will be appointed within the next four to six months, to take up residence in Nunavut.
In the west judges, of course, because of judicial independence, cannot be laid off and cannot be moved. We will retain three Supreme Court judges in the west, who will be based here in Yellowknife. I do not anticipate there will be any vacancies on the Supreme Court in the west for some time to come. One other thing concerning the appointment process, that is worth noting, is that all individuals interested in a Supreme Court appointment, do submit their names to a judicial appointments advisory committee. That advisory committee recommends certain names to the Minister of Justice, as qualified or in some cases, very few, but in some cases, unqualified. That also is a step in the process.
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David Krutko Mackenzie Delta
Thank you, Mr. Chairman. In regard to justice appointments to committees and boards, what committees and boards are you talking about? What appointments are you talking about to those committees and boards?
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Cooper
Thank you, Mr. Chairman. For many years in this country, the public has demanded more input into the judicial appointment process. The federal government's response, some seven or eight years ago, was to create in every jurisdiction a judicial appointments advisory committee, composed largely of lay people who would review the resumes, I suppose, of lawyers interested in being appointed to the Supreme Court, in a given jurisdiction and would then, I suppose rate those expressions of interest or the individuals as either being qualified or unqualified. That is just a step in the appointment process. Now I understand the judicial appointments advisory committee for the Northwest Territories has met and gone over all applications on file, if I can call them that, and has made recommendations to the Minister of Justice. I do not know what those might be but I do know that part of the process has been done.
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The Chair Vince Steen
Thank you. Mr. Krutko. For clarification, Mr. Cooper, Minister of Justice, federal or territorial?