Mr. Sutton.
Debates of March 5th, 2001
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
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Sutton
Thank you, Mr. Chairman. What is usually involved in a break up is a division of property and that includes all property. It includes lands, personal properties as well, vehicles and so on. The Legal Services Board does not fund legal aid in situations where it is simply a division of property. However, as the Minister said, they will fund division of property when children are involved. Thank you, Mr. Chairman.
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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Steven Nitah Tu Nedhe
Thank you. Is that all property, Mr. Chairman? Thank you.
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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Sutton
Yes, Mr. Chairman, that includes all property.
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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Steven Nitah Tu Nedhe
Thank you, Mr. Chairman. As the department, when they are thinking about doing a review, are there any time lines at all here? This is a present issue in the Northwest Territories and has a significant backlog as my colleagues have indicated. Are we going to continue for a while under the pressurized environment or are we going to deflate the pressure and do something about the problem?
The legal aid system seems to be the next major crisis in Canada. We are experiencing a crisis with the health professionals. The legal system seems to be the next one. If we have a heads up here, maybe we could take a leadership role in the Northwest Territories that the rest of Canada could follow.
I would recommend the legal-aid system and the public legal services of the Northwest Territories and the problems associated with this get addressed as soon as possible. Thank you, Mr. Chairman.
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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Jim Antoine Nahendeh
Thank you. This review that we are talking about, we would like to do it right away. We will aim towards the fall for completion of the review. Thank you, Mr. Chairman.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair David Krutko
Thank you, Mr. Minister. Just a reminder to the Members, Rule 12(10), no food or beverages other than water are allowed in the House. Mr. Dent.
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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Charles Dent Frame Lake
Thank you, Mr. Chairman. Mr. Chairman, I would like to also get on the record with my concerns about legal aid. I know that I have been contacted by a number of constituents who have been very concerned about the administration of the program, particularly since there seem to be more and more limitations on what is covered.
From the answers Mr. Nitah received, it sounds like the only civil legal services that are now covered would have to do with the break up of a marriage, particularly where children are involved. Is that the case? Those are the only civil cases now where there would be some coverage allowed?
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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Jim Antoine Nahendeh
Thank you. I would like to ask the deputy minister to reply to that. Thank you.
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Sutton
Thank you, Mr. Chairman. In the area of family law, I think the answer is correct, but there are other areas in the civil area where there is coverage. I am trying to think of what those are.
I believe there is coverage in certain cases dealing with child protection, for example. So I would not say that it is the only area in the civil area that is covered. However, coverage is definitely restricted in the civil area. Thank you, Mr. Chairman.
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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Charles Dent Frame Lake
Thank you, Mr. Chairman. I know the constituents I have talked to have said they have talked to lawyers who have said that previously, the same types of cases had been covered by legal aid. So there has obviously been a tightening up of the whole provision of assistance. Is this done through regulation, or is there a limitation on what coverage is provided by statute?
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Sutton
The coverage would be set by the Legal Services Board and it would also be covered to some extent by regulation as well. However, it is the Legal Services Board that decides what is covered and what is not covered. 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
March 4th, 2001
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Charles Dent Frame Lake
Thank you, Mr. Chairman. We know that the rates were cut in 1997 and there has been no increase since then. We know too that there has been some limitations put on the number of hours now that are allowed for each case. I was wondering if we could get an understanding of what specifically was the rate decrease? What are the rates now and how many hours are allowed for cases?
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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Sutton
I am looking at a document that identifies that there was a 6.5 percent reduction in the tariff in 1996. The hourly rates were for student-at-large, $40; for a lawyer with less than four years experience, it is $61; for a lawyer with four to six years, it is $70; seven to ten years is $86; eleven years or more is $102. Those are the hourly rates. Then there is the corresponding daily rates for these different categories. For student-at-large, $232; less than four years, $352; four to six years, $436; seven to ten years, $516; eleven years or more is $609 per day.
On the restriction on the number of hours, I do not think I can answer that with the information I have before me right now. Thank you, Mr. Chairman.
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