This is page numbers 397 - 466 of the Hansard for the 14th Assembly, 3rd 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 chairman.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Mr. Bell.

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Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Chairman. I would like to thank the Minister for that very thorough answer. Certainly a pleasure, and he sets a shining example for his colleagues. He obviously understands the department very well and was well briefed.

I would like to discuss one point that he raised about cognitive skills development. I think there can be an argument made, and I think the department also identified this in its business planning, that certain inmates who may be suffering from severe FAS may not be able to benefit from cognitive skills development.

This is something that, although I agree is very important, certainly there is a percentage of the inmates at these facilities that cannot benefit from this type of a program. Can the Minister discuss how they might deal with that? Thank you.

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The Chair

The Chair David Krutko

The Minister of Justice, Mr. Antoine.

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Jim Antoine Nahendeh

Thank you, Mr. Chairman. Mr. Chairman, in the case of FAS inmates, we do have people in that condition that are in our correctional facilities. Through assessment that could be identified. I think that if they do not respond to any of the programs that we have, then we will try other ways of trying to rehabilitate them for the time they are in the correctional facilities. In most cases, it really comes down to managing them rather than educating them. We do not have the resources or the programming to deal with them because it could come in all kinds of different ways. It is very difficult to deal with the situation. However, the staff at the correctional facilities, once they identify inmates that are in those conditions, then they know they will try to put them into different programs. If they do not respond, then it just comes down to managing them. Thank you.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Ms. Lee.

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. I would like to take this opportunity for general comment to highlight an issue that we are all aware of, which is the shortage of family law lawyers and the hardship it creates for the Legal Services Board.

I realize that it comes later on in the budget, but I would like to make a suggestion and have some discussion about what might be a possible solution. What I have in mind, Mr. Chairman, is I do not believe there is a policy within the government about how to give out legal service contracts to law firms. Maybe the Minister could correct me on that?

I just see that having practised in the private sector here, it seems that when we have a Business Incentive Policy and such for other contract arrangements when it comes to work with the government, there is no such thing for legal law firms. I think, Mr. Chairman, what we should be aware of is the fact that the law firms in town are really not any different than small and medium businesses of any other kind.

They hire Northerners. They train Northerners. For anyone wishing to practice the legal profession in the Territories, they usually have to be articled here. The law firms go and spend their own money to recruit students, and they travel all over the South and they spend thousands of their money and time to recruit these students and, in fact, in the end benefit the North because often these people move here and they make permanent residence here. Then they usually get hired by the government anyway. So they do the training and recruiting for the government.

I think we should also remember that many of these law firms have long standing status in the city and the Territories. They serve all of the territories. They serve every single community in business law, in criminal law, and family law. They pay taxes. The biggest law firms, Peterson, Stang and Gullberg, Wiest and MacPherson, they own big buildings in town, and they have much overhead they have to cover.

I think the only way they could continue to do that is if they make sure they get the work that comes out of the government. This is something that I have noticed when I was practicing and something that I wanted to pursue more with the Minister.

We have to remember that they pay taxes. They employ a lot of people. Most of these law firms have ten to 20 employees, most of them long term employees, and they are a necessary fabric of the city and the Territories. All the lawyers are involved in heavy duty volunteer activities. They sit on boards. Almost every NGO board requires people with legal background and these lawyers give countless hours. I think the government could go a long way in recognizing that. What I am saying, Mr. Chairman, is we talk about the shortage of family law lawyers in town. I think that what is happening now is most of the service is done now by volunteer services the lawyers provide.

I think they will have more room to do that if they could look at a contract or any legal work that comes out of the government, where they could have the paying jobs so they could do volunteer work or low paying work with the legal aid. I believe that most lawyers in town are more than willing to give their hours to work for the legal aid so everyone gets legal service.

However, I believe that justice delayed is justice denied, and the backlog of the family law cases is horrendous. It is the same with criminal law cases.

There is a shortage of lawyers all over this town and all over the country. I really would suggest that the Minister looks at this. I know that in the last Assembly during the conflict of interest inquiry, for example, you could count on one hand those people who were appearing before the inquiry and who were on public purse for their legal service. They never went to look for local lawyers. I do not know why that when government gives out contracts, local people should be looked at first, yet when it comes to legal services, people who are getting legal counsel at the public expense never have the obligation to look at the lawyers within the Territory.

I realise, Mr. Chairman, that there is an issue of conflict. I would suggest that in many cases, it is not a stumbling block.

If most of the money that was going to legal services that the government is paying to outside firms, if they were not to give out to local firms, they could hire people that could do work independently, but work out of the local firms so that they benefit somewhat.

Perhaps I am just having random thoughts on this, but I think that it is an important issue. I would really urge the Minister to look at it. I wonder if the Minister could tell me whether there is any policy like that. Second, if he has any figures on how much money was spent by the government on outside legal retainers. Thank you.

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The Chair

The Chair David Krutko

Thank you, Ms. Lee. The Minister responsible for Justice, Mr. Antoine.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you, Mr. Chairman. Mr. Chairman, the department policy is that for any legal work, they first look in the North to see what is available, to see if anybody is interested in doing the work. In some instances, if there are certain skills or experiences that are required to do something very specific, then if firms in the North cannot provide that service, then the department has gone south. This is the practice of the department.

As for the exact dollar figure of how much legal dollars have gone south from the department, we do not have that number right here. We will find it and provide the honourable Member with that information.

The honourable Member started off talking about the Legal Services Board in regard to family law. In this area, the Legal Services Board has an independent, statutory board with authority under the Legal Services Act. This board of Northerners provide the service. One of the services is the family law area. In this case, we are doing what we can to hire lawyers to do this work and the work, that is the money that is involved in this to do this work, is based on a fee per case, I believe. I guess we cannot find enough lawyers to do this work with the fee we pay.

As a result, there is difficulty in finding lawyers who want to do this type of work. I understand it is rather difficult work and that it does not pay enough according to the going rate for lawyers. I guess if we ask for more money in this area, then we could raise the fees and perhaps that would attract more lawyers to do this type of work.

We are staying with the fees that we provide and the Legal Services Board that has committed resources to the problem. I believe two family lawyers have been hired in the last couple of years. There is mediation. There is an appropriate amount of funding that has been identified to deal with mediation in this area. It is a difficult area that we are dealing with, and the Legal Services Board has made this area a priority over the last year and will continue to find different ways of increasing its capacity to deliver high quality services in this area. I will just reply to the honourable Member with that. Thank you.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Ms. Lee.

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Sandy Lee

Sandy Lee Range Lake

Mr. Chairman, I just want to confirm that the Minister will provide us with the information on how much the department, the government has spent on outside legal services for the last year.

As well, I do not believe there is a government policy with respect to legal services. It may be a contract in legal services. It may be that there is a sort of ongoing practice going on within the department, but I would be very interested in looking at something more formal.

My point in raising the legal aid, Legal Services Board together with this is that I am well aware that there is a shortage of family law lawyers, and the way to address that is to revamp the local firms so they can give more time to family law. Because I think that that is the best source we have.

We will have less chance of getting family lawyers from down south. We will be better off trying to look after what we have so that they have the kind of work that pays so that they could have the luxury of doing family law and cleaning up some of those family law backlogs. So I look forward to receiving that information from the Minister. Thank you, Mr. Chairman.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Mr. Minister.

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Jim Antoine Nahendeh

Thank you. Yes, we will provide that information of law services we received from outside of the Northwest Territories, what it was for and how much it cost us. Thank you.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Mr. Nitah.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

July 3rd, 2000

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Steven Nitah Tu Nedhe

Mahsi, Mr. Chairman. A very quick question. Does the department have any plans to increase the number of wilderness camps in the Territories? Thank you, Mr. Chairman.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Mr. Minister.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you, Mr. Chairman. Mr. Chairman, we are doing a review of on-the-land programs that this department is involved in with different individuals that are providing this service. The funding that is allocated for our department for this program is expended for this year, so we do not have any plans this year to increase the number of wilderness camps. Thank you.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Mr. Nitah.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Steven Nitah Tu Nedhe

Thank you, Mr. Chairman. That is unfortunate that there is no money. I am not going to sit here and argue that we should find some more money. This is not the place to do it, I do not think. I would like to ask a question about the legal aid system.

One of the questions I would like to ask is, when is the last time the payment for legal aid has been reviewed? Has there ever been a comparison done between convictions of work that legal aid has done as compared to individuals who hire their own representation?

Knowing the socio-economic situations of many of our First Nation communities and individuals, they have to rely big time on legal aid. I have a feeling that money is a subject area to be concerned with when it comes to legal representation. If you go through legal aid, the money is not that great. The incentive of legal representatives is not that great, and I think the number of individuals we have in our correctional facilities is directly connected to it. I am just wondering if there has ever been a comparison done. That is one question. The other question is when was the last time legal aid funding for lawyer fees has been checked into? Thank you, Mr. Chairman.

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The Chair

The Chair David Krutko

The Minister responsible for Justice, Mr. Antoine.

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Jim Antoine Nahendeh

Thank you, Mr. Chairman. There are a couple of questions there. The first one is the cost of legal aid lawyers versus the cost of a privately hired lawyer. What are the cost differences? I am told that we have not looked at that. There are different fees...I guess we have not done that. I am told the department has not done that.

The other question was when was the last time the department and the Legal Services Board, looked at adjusting the fees of the legal aid lawyers. A couple of years ago, there was an adjustment made during budget restraint time. The fees were reduced at that time, but I will get all the accurate information, because we do not have that information here about exactly what happened. We will double check and provide that information to you. Thank you.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Mr. Nitah.

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Steven Nitah Tu Nedhe

Thank you, Mr. Chairman. That first question was not the same kind of questions that you had, but that is a good question all the same. The question was, has there ever been a comparison done of convictions and acquittals where an individual hires his own lawyer, pays out of his own pocket because he could afford to, as compared to individuals who cannot afford to go hire their own lawyers and have to use legal aid lawyers?

I would say the cost to hire your own lawyer is a hell of a lot more than the representation you would get from legal aid. You would probably get a higher conviction rate using legal aid than hiring your own lawyer.

I am just wondering if there was ever a comparison done. If there has not been one done, can the department do one?

Justice should not have a price on it. Everyone should have equal justice. In my mind, that is the way it is supposed to be. If you cannot afford a good lawyer, you may end up in the slammer. If it is a first time offence, then you become ingrained in the system and it is hard to get out of that system. Can the Minister answer that question for me? The comparison of conviction and acquittal rates when using legal aid and convictions and acquittals when using private lawyers. Thank you, Mr. Chairman.

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The Chair

The Chair David Krutko

Just to remind Members to watch your language in regard to what is being said. Remember there are parliamentary rules in regard to the language being spoken. Just a reminder. Mr. Minister.

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Jim Antoine Nahendeh

Thank you. It is very interesting work that the honourable Member is referring to. It sounds like it will be difficult to do. The department and the Legal Services Board have never done that type of comparison. I could only commit to looking into it to see what the possibilities are for doing what the honourable Member is saying. Thank you.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 422

The Chair

The Chair David Krutko

Mr. Nitah.