This is page numbers 1433 - 1457 of the Hansard for the 13th Assembly, 5th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was judicial.

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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The Chair

The Chair Vince Steen

Thank you. Clause 2. 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

May 26th, 1998

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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

The Chair Vince Steen

Thank you. Clause 3. 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

The Chair Vince Steen

Thank you. Clause 4. 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

The Chair Vince Steen

Thank you. Page 5. Clause 5. 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

The Chair Vince Steen

Thank you. Clause 6. 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

The Chair Vince Steen

Thank you. On page six of Bill 7. Clause 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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The Chair

The Chair Vince Steen

Thank you. Clause 8. 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

The Chair Vince Steen

Thank you. Clause 9. 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

The Chair Vince Steen

Thank you. I hope somebody is keeping track of where you want to introduce your motions. Clause 10. Mr. Arlooktoo.

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 have a motion to amend Clause 10 of the bill to introduce a number of changes respecting the Judicial Council. The first change will be to paragraph 31(1)(e) and subsection 31(4) regarding appointments of lay persons to the Judicial Council. The bill was amended in standing committee to clarify that lay persons appointed to the Judicial Appointments Advisory Committee may not be members or former members of any law society in Canada, not merely the Law Society of the NWT. The proposed amendment would clarify the same effect that lay persons appointed to the Judicial Council may not be members or former members of any law society in Canada.

The second change would be the addition of a clause which would introduce the principle that diversity of the population and gender balance will be a consideration of the Law Society and the Commissioner in the Executive Council in appointing members to the Judicial Council.

The third change concerns compensation for legal costs of a complainant in manners before the Judicial Council and would empower the Judicial Council to recommend compensation in certain cases.

Committee Motion 38-13(5): To Amend Clause 10 Of Bill 7
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Goo Arlooktoo Baffin South

Therefore, Mr. Chairman, I move, that clause 10 of Bill 7 be amended by:

(a) deleting proposed paragraph 31(1)(e) and by substituting the following:

(e) two persons appointed by the Commissioner in Executive Council who are neither judges nor members or former members of a law society in Canada.

(b) striking out, nor a member of the Law Society of the Northwest Territories in proposed subsection 31(4) and by substituting, nor a member or a former member of a law society in Canada;

(c) adding the following after proposed subsection 31(4):

(4.1) the Law Society of the Northwest Territories, in appointing persons under paragraph (1)(d) and subsection (3), and the Commissioner in Executive Council, in appointing persons under paragraph (1)(e) and subsection (4), shall consider the diversity of the population and the gender balance of the territories, but any failure to achieve balance in the composition of the Judicial Council does not affect the validity of any proceedings or decisions of the Judicial Council.

(d) adding the following after proposed section 31.6:

31.61(1) The Judicial Council may, subject to subsection (2), recommend to the Minister that compensation be paid to a complainant for all or part of his or her costs for legal services related to the complaint.

(2) The Judicial Council may only recommend that compensation be paid to a complainant under subsection (1) where

(a) the complaint is before the Judicial Council; and

(b) the Judicial Council determines that the costs for legal services were necessarily incurred due to the nature and the circumstances of the complaint.

(3) Where the Judicial Council recommends compensation under this section, the Judicial Council shall, subject to the regulations, recommend the amount of such compensation.

That is my motion, Mr. Chairman.

Committee Motion 38-13(5): To Amend Clause 10 Of Bill 7
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Arlooktoo. Your motion is in order. To the motion. Question has been called. All those in favour? All those opposed? Your motion is carried. I recognize a quorum and the motion is carried. All those opposed? Clause 10, as amended.

Committee Motion 38-13(5): To Amend Clause 10 Of Bill 7
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 38-13(5): To Amend Clause 10 Of Bill 7
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you. Clause 11 is on page 17. Clause 11. Mr. Minister.

Committee Motion 38-13(5): To Amend Clause 10 Of Bill 7
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 have another motion to amend clause 11 of the bill. The last one. The amendment would amend clause 32(1)(c.1) of the Act, provide for regulations respecting the amount of compensation that could be recommended by the Judicial Council, respecting the legal costs of a complainant. The bill provides for regulations respecting the legal costs of a judge and the amendment would extend this to the legal costs of a complainant.

Committee Motion 39-13(5): To Amend Clause 11 Of Bill 7
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Goo Arlooktoo Baffin South

Therefore, I move, that clause 11 of Bill 7 be amended by deleting proposed paragraph 32(1)(c.1) and by substituting the following:

(c.1) respecting or limiting the amount of compensation for the cost of legal services that may be indicated under subsection 31.61(3) or 31.7(4);

That is my motion.

Committee Motion 39-13(5): To Amend Clause 11 Of Bill 7
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Arlooktoo. Your motion is in order. To the motion. Question has been called. All those in favour? All those opposed? Your motion is carried. Clause 11, as amended.