Thank you, Mr. Chairman. Again, an important issue that we are considering, and that is, in this case, more aboriginal representation in the territorial court system. The problem lies in the fact that to have a person appointed as a territorial court judge that you have to have certain background in legal training and experience, law degree, and so many years experience as a practicing lawyer. That is standard across Canada. There are good reasons for that, to ensure that a prospective judge has the experience necessary to carry out the duties. The average across the country is ten years experience. What we are proposing here is that it be drawn down to seven years to hopefully make it a little bit more to open appoint judges who are of northern background and that meet with our goals in this gender and ethnic background that we have identified as a need. Thank you.
Debates of May 27th, 1998
Topics
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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Goo Arlooktoo Baffin South
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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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
May 26th, 1998
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David Krutko Mackenzie Delta
Thank you, Mr. Chairman. Is the appointment of the territorial judge restricted only to the Northwest Territories? What about the Yukon and the provinces in regard to aboriginal lawyers who may be out there who may have the seven or ten years you are looking at or are you only restricting this to the Northwest Territories where we do have a few aboriginal lawyers presently practicing in the north? What I would like to know is, at what appointed time will that become a reality to see an aboriginal person as a territorial judge?
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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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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Goo Arlooktoo Baffin South
Thank you, Mr. Chairman. The appointments are not restricted to territorial residents. The advisory committee could look across the country for prospective candidates. This is, indeed, an area that I know those who are planning for Nunavut are keeping in mind in looking in other jurisdictions. That being said, they have to keep in mind that all we have are three positions and that judges are appointed for an indefinite period so that vacancies are quite rare. 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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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 my last comment, I made reference to when does the Minister see a possibility of having an aboriginal person as a territorial judge. I know that vacancies are probably far between but could the Minister make an attempt to ensure that there will be some way of looking at the preferential process of ensuring that there will be some attempt made to consider an aboriginal person for the next appointment as a territorial judge?
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. Krutko. I do not know if your suggestion is appropriate at this time, but I will let the Minister respond if he wishes.
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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Goo Arlooktoo Baffin South
Thank you, Mr. Chairman. Mr. Chairman, all the positions in the territorial court are filled. At this time, there are four positions, not three as I said previously. The only way that a vacancy could occur is if a judge resigned for whatever reason, became deceased or was removed. There is no way of knowing when there may be a vacancy in the future. 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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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. Mr. Chairman, when was the last appointment filled for a seat as the territorial court judge?
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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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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Goo Arlooktoo Baffin South
Thank you, Mr. Chairman. Mr. Chairman, I understand that the last appointment was between four and five years ago, Judge Beverly Brown, who know resides in Iqaluit.
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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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. Mr. Chairman, have there been any attempts made to amend any bills that there be consideration given an aboriginal person with qualifications to meet the fulfilment of such a position? Is that considered when they look at the appointments for these judges? Is there anything that is being done through an amendment or basically through a bill to ensure that is considered in making those appointments?
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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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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Goo Arlooktoo Baffin South
Thank you, Mr. Chairman. Mr. Chairman, there are a couple of points that I could make on that. One is, on the political level, when the Western Arctic MP, Ethel Blondin, made her position known across the country on the issue of aboriginal representation in the court system, I, as the Minister, wrote to her to lend moral support. We are coming from the same side on that one. On the issue on the appointment of judges, the appointment of persons to the Judicial Council and even to the Judicial Appointments Advisory Committee, the real big issue there is in the independence of the judiciary on ensuring that there is no or very little political interference in the justice system. It has been an issue raised many times by different judges and by the Supreme Court. I would think that we can make our point known to the Judicial Appointments Advisory Committee on our view in terms of directly appointing someone, for me, as a Minister, that is not where we are going here. What we are suggesting is that a Judicial Appointments Advisory Committee be struck and that they be the ones that look around for candidates to become Territorial Court Judges. My suggestion would be that, in some form, that we make it non-politically or some fashion that our position is that they should consider gender and ethnic balancing.
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. Arlooktoo. General comments. Do the Members agree we can go clause-by-clause in review of the bill? 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
I direct you then to page one of Bill 7. At the top of it, it says Bill 7. 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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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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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.