Thank you, Mr. Chair. The Standing Committee on Social Programs met to review Bill 3, An Act to Amend the Legal Service Act, on April 19th and 20th and on May 8th in Yellowknife, on April 23rd in Tuktoyaktuk, and Inuvik and on April 24th in Ulukhaktok; on April 25th in
Colville Lake; on April 26th in Behchoko. The committee would like to thank the Minister and all the witnesses who spoke to the bill.
The committee heard from Ms. Katherine R. Peterson, a member of the private bar in Yellowknife. Ms. Peterson was very concerned that the proposed amendment would create a different or a lower standard of conflict of interest for lawyers employed by the legal aid system versus all other practising members of the legal profession. Ms. Peterson referred to the governing rules of the Canadian Bar Association Code of Professional Conduct that had been adopted by the NWT Law Society. She also pointed out that a legal aid program with many community law offices isn't included in the definition of "law firm" for the purposes of interpreting who, in the above mentioned code of conduct, should apply to.
She felt strongly that Bill 3 does not solve the conflict problem but rather exemplifies a conflict situation from consequences which would otherwise apply under the governing code. Recognizing the complexity of the issue at stake, for example, the access to justice questions and the government's intent to improve the clinical delivery model, she stated that if these different standards for conflict of interest are to be adopted, then the public and other legal aid counsels must have assurance that appropriate protocols, practice, guidelines and directions are in place that adequately protects the interests of clients and confidentiality of information. Mr. Chair, I would like to turn the report now over to Mr. Lafferty.