I am pleased to introduce Bill 5, An Act to Amend the Judicature Act.
The Judicature Act sets out and confirms the powers of the Supreme Court and the Court of Appeal in the Northwest Territories. Bill 5 will amend this act to allow the Supreme Court and the Court of Appeal to deem certain individuals to be "vexatious litigants." This is a legal term that refers to someone who persistently and without reasonable grounds, brings court actions against the same person repeatedly, or against various defendants. Such conduct may be considered an abuse of the court process.
A person who is deemed a vexatious litigant could still begin or continue court proceedings, but would have to obtain permission from the Supreme Court first. This would be decided on a case-by-case basis, and the person would have to satisfy the judge that there are reasonable grounds for the proceedings and they would not be an abuse of process.
The judiciary has requested this amendment, and similar legislative provisions are in place in six provinces and the federal court. Currently, judges can dismiss specific lawsuits as vexatious, but this does not address the rare but significant problem of the individual who consistently abuses the court process. This type of conduct could have a significant impact on an already stressed court system. This amendment will enable the court to deal with such individuals, should the need ever arise.
Madam Chair, I would be pleased to answer any questions the committee may have about this legislation. Thank you.