This is page numbers 1501 - 1541 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.

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

Page 1524

Jim Antoine Nahendeh

Thank you, Mr. Chairman. Mr. Chairman, in June of 2000, the Legal Services Board had approximately 120 family cases awaiting assignment.

As of October 2nd, 2000, its backlog was reduced to less than 50 cases through the actions of hiring two legal aid staff lawyers, one in Inuvik and one in Yellowknife, to handle the family law matters. Where appropriated, the executive director conducted case conferences with legal council representing legal aid clients.

However, in spite of these steps, as of February 8th of this year, there is a backlog of approximately 75 cases again. Without the measures taken above, the backlog would have been a lot higher than what it is today.

The Legal Services Board is continuing to monitor the situation to determine further steps that may be taken to try to alleviate the backlog situation here. I am told that we are not aware of any criminal case backlog. That is what I am told. So the problem was the family law cases.

For more specific information, I would like to ask the deputy minister, Gerry Sutton, to also add to this. 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

Page 1524

The Chair

The Chair David Krutko

The deputy minister, Mr. Sutton.

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

Page 1524

Sutton

Thank you, Mr. Chairman. I was going to comment on the question relating to cuts. It is not really a case of cuts that were made by the board to the fees that are paid to lawyers.

The regulations set out the maximum hours that a lawyer will generally be paid for. However, if a lawyer needs more time to spend on a case, the executive director of the Legal Services Board has a discretionary authority to approve increases where he decides that they should be paid. Due to the anticipated deficit, the executive director instructed lawyers that discretionary increases would not be authorized, except in situations where there were compelling circumstances. So the restriction was more in the nature of how that discretion to approve hours beyond that established by the regulations would be exercised. Thank you, Mr. Chairman.

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

Page 1524

The Chair

The Chair David Krutko

Thank you, Mr. Sutton. Public legal services, Ms. Lee.

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

Page 1524

Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. In line with the questions by Mr. Miltenberger on that same issue, I am in possession of the similar correspondence, or the same one from the lawyer, I think.

Mr. Chairman, I wonder if the Minister could advise us as to what exactly the objective of this review that he is undertaking about the Legal Services Board or their legal aid program is? What is it he is trying to get at? Thank you, Mr. Chairman.

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

Page 1524

The Chair

The Chair David Krutko

The Minister of Justice, Mr. Antoine.

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

Page 1524

Jim Antoine Nahendeh

Thank you. The review is to look at legal aid. There is obviously a lot of concern by the users of this program, the lawyers as well as complaints from clients that are out in the communities. It is also to look at the deficits that this program accrues on a yearly basis and to try to identify that.

I guess it is to try to identify what is driving the cost and as well to try to determine the level of funding that is required to run the program. Those are the two objectives that we identified to do in this review. 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

Page 1524

The Chair

The Chair David Krutko

Thank you, Mr. Antoine. Ms. Lee.

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

Page 1524

Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. Mr. Chairman, my understanding of the level of services provided by this program is pretty minimal already. I am not sure if you are, by looking at it, going to find a room there that shows where the cost driver is, not anything that you would have any control of cutting, I would not think.

What I am saying is, already the cases that get approved for legal aid funding in the cases of criminal files, these clients will get the services that they need to defend themselves in the court procedure. Then for the family cases, I recall that the hours the lawyers are allowed to work on these files are very minimal. I would not think that you would find too much work in there that could be cut or anything like that. There is already a six-to eight-month waiting period. I think that these are cases where a lot of times, it is single mothers who are leaving abusive relationships or who are trying to get child support or something like that.

These are cases that really need some help and the lawyers are already providing the services at a very minimal pay level. They are really providing this almost as a volunteer service.

I find it curious that the Minister is saying our program up here is so much better than the rest of the country. I do not know. I think it is a question of a lack of money. I do not know if you need to get a study to tell you that.

Could the Minister clarify why he cannot identify the problem now? Does he not realize now without the study that it is the lack of money that is causing problems? Thank you, Mr. Chairman.

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

Page 1525

The Chair

The Chair David Krutko

The Minister of Justice, Mr. Antoine.

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

Page 1525

Jim Antoine Nahendeh

Thank you, Mr. Chairman. Mr. Chairman, the Legal Services Program, as you know, is handled by the Legal Services Board, which is independent of government, according to our Legislature. They set the tariffs for the lawyers. The tariffs, or rates paid to lawyers for their services, have regulations they follow to determine the hourly rates and the daily rates. There are different amounts for a student-at-law or somebody who has less than four years, four years to six years, seven years to ten years, ten years or more. The rate goes up with the amount of years you spend as a lawyer. So they have set that rate and they follow that rate. That is a set rate. If that is a problem for the lawyers, then the Legal Services Board are going to be meeting with the law society to discuss this issue fairly shortly at the next board meeting this coming weekend, I believe.

So that may seem to be a problem there, but there are other factors as well. I am told that family law and criminal law are two different approaches. Apparently, not too many lawyers who are family law lawyers are in the North. It is less glamorous and it takes a lot more time to deal with family law issues.

So there is a difference between criminal law and family law in that regard. So that could be the reason why we see a bit of a backlog in the family law cases and we do not see them in criminal cases. We are aware of what the concerns are and what we perceive of the problems that are there.

Of course, it all comes down to dollars. As I indicated earlier, the whole program is supposed to be a jointly funded program with the federal government. They have not been giving their fair share for this program. Every increase that we put into this program is coming from our share. We need to look at that and we need to review that.

The indications are that the federal justice department is aware of this problem not only from here in the North but throughout all the jurisdictions in Canada, that the legal aid programs throughout the country are underfunded. We need to also see if we could get additional funding from the federal Department of Justice in this regard. I would like to see a review of this whole program.

Apparently, the last time this program was done ten years ago, there were a lot of good recommendations that came out of it to improve the program and keep that direction. I think it is about time that we do another review. 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

Page 1525

The Chair

The Chair David Krutko

Thank you. Ms. Lee.

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

Page 1525

Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. I realize that there are times when reviews are necessary. I just want to make sure the Minister knows what it is he is trying to get at. I do not want this review to be a means to delay the need to deal with something that needs to be done right away.

I would also like to encourage the Minister to work with the federal government. I do not know what can be done there to get more funding, but I really do not believe there is a lot of fat there to cut in terms of the legal services people get under legal aid. It is a lot of money being spent already, but when you are sitting on the receiving end, it is not a very luxurious legal service you get for the hours the lawyers get to work on these.

Mr. Chairman, I have one more question and that has to do with a question that Mr. Miltenberger asked earlier regarding the notice that went out stating that there will be no further discretionary funding in the legal aid files. I think it went out in January, which was three months before the end of the fiscal year. The deputy minister indicated earlier in answering questions that this was above and beyond the hours already allocated on the regulations. I would think we could think of a lot of examples where because of the allotted time the lawyers have to work on a file are so few to start with, it is not too hard to get over that, especially because every case is different. If you come up against anything unique, chances are many files will require contingency or discretionary funding.

My question is whether or not the department knows the impact of cutting out discretionary funding in such a way and also what is the department planning on doing to avoid the situation from happening for funding next year? I am not sure when he is expecting to have the review ready. I do not know if next year's budget will incorporate whatever he finds out from the review. I am sorry for the number of questions there. 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

Page 1525

The Chair

The Chair David Krutko

The Minister responsible for Justice, Mr. Antoine.

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

Page 1525

Jim Antoine Nahendeh

Thank you, Mr. Chairman. Specifically on the lawyers' fees and so forth that the honourable Member is referring to, the Legal Services Board, even though funded by the Department of Justice, is an agency that runs this program. It is a challenging mandate in trying to manage its budget and at the same time provide legal services for residents. Because of the deficit position for the fiscal year, the executive director in his letter indicated that he will not authorize the discretionary funding unless very compelling circumstances exist. So it is still there. If it is really needed, then he would approve it. The lawyers have to state their case.

So it is not a unilateral cut to all the discretionary needs of the lawyers. Having said that, until this budget is approved and we get into a new fiscal year, the Legal Services Board will be reviewing that specific policy early to determine that and revisit it again. We will probably get back to how it was before.

The bigger review that we are talking about will also address the exact questions the honourable Member has in trying to determine how to improve the existing program. 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

Page 1526

The Chair

The Chair David Krutko

Thank you, Mr. Minister. Mr. Nitah.

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

Page 1526

Steven Nitah Tu Nedhe

Thank you, Mr. Chairman. My concern is in a similar area dealing with public legal services. I raised concerns at the last session and some of those concerns were addressed by the department to a certain extent. There are still many, many things that need to be done. This government is a government that creates laws and laws get broken or people get charged for breaking laws. If we have a public legal service that is designed to protect people's constitutional rights but we have a system that is ailing because of a lack of knowledge, as Mr. Miltenberger says, it is justice denied.

I understand there are under ten lawyers practicing in the family law section of the public legal services in the Northwest Territories and there is a significant backlog. People separating is one of the causes of family law. Our economy in the Northwest Territories is based on, for the most part, non-renewable resource development, which takes people out of their homes, out of their communities into the work environment for an extended period of time. That puts a lot of stress on the family, which will result in some family break-ups, putting more pressure on the legal aid system.

My understanding today, and I would like the Minister to confirm this, is that property issues are not covered under legal aid. Is that correct, Mr. Chairman?

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

Page 1526

The Chair

The Chair David Krutko

Mr. Antoine.

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

Page 1526

Jim Antoine Nahendeh

Thank you, Mr. Chairman. Mr. Chairman, in the case of family law and property, if children are involved, then the property issue would be dealt with in family law.

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

Page 1526

The Chair

The Chair David Krutko

Mr. Nitah.

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

Page 1526

Steven Nitah Tu Nedhe

Thank you, Mr. Chairman. When I say property, I am talking about homes, equipment, tools and toys, snowmobiles, boats, et cetera. Those are property and I just want to refer to that specifically. Also, what happens if there are no children involved?

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

Page 1526

The Chair

The Chair David Krutko

Mr. Antoine, Minister of Justice.

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

Page 1526

Jim Antoine Nahendeh

If there are no children involved in the family when there is a break-up, then the property issues are not dealt with in that case. 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

Page 1526

The Chair

The Chair David Krutko

Mr. Nitah.

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

Page 1526

Steven Nitah Tu Nedhe

Thank you. Just to be on the same page, Mr. Chairman, can the Minister elaborate on what he means by property? Thank you.