This is page numbers 6883 - 6924 of the Hansard for the 16th Assembly, 6th 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 fund.

Topics

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Jackson Lafferty

Jackson Lafferty Monfwi

Thank you, Mr. Chairman. I am pleased to be here today to speak about Bill 22, An Act to Amend the Territorial Court Act. This bill will amend the Territorial Court Act to increase the monetary limit in civil cases from $10,000 to $35,000.

The Territorial Court provides an effective process for civil claims but the limit of $10,000 means that many lower-level civil claims must be heard in Supreme Court, which is much more complicated. Increasing the monetary limits will permit residents to bring forward claims in an affordable practical way and improve access to justice.

I would be pleased to answer any questions that Members may have regarding Bill 22.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair David Krutko

Thank you, Mr. Lafferty. At this time I would like to ask the Minister if he will be bringing in any witnesses.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Jackson Lafferty

Jackson Lafferty Monfwi

Yes, Mr. Chairman.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair David Krutko

Does committee agree that the Minister can bring in his witnesses?

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair David Krutko

Sergeant-at-Arms, escort the witnesses in.

Mr. Lafferty, for the record, could you introduce your witnesses.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Jackson Lafferty

Jackson Lafferty Monfwi

Mahsi, Mr. Chairman. To my left is Karan Shaner, assistant deputy minister of Justice. To my right is Mark Aitken, part of the legislative counsel.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair David Krutko

Thank you, Mr. Lafferty. Welcome, witnesses. For the record, there is no committee report on this particular matter because it was referred directly from second reading of bills right to Committee of the Whole. That’s why we’re not doing a report. General comments in regard to Bill 22. Mr. Abernethy.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Chairman. I’d like to thank the Minister for bringing this bill forward. It increases the monetary limit in civil cases from $10,000 to $35,000, as the Minister said. In committee this was discussed and it was felt that increasing it from $10,000 to $35,000 would speed up the court process as many people -- I think this is correct, correct me if I’m wrong -- a lot of housing issues that are going to the courts are forced to the Supreme Court because they’re just over $10,000, and this may expedite a number of those situations and allow us to clean up some of the cases outstanding with the Housing Corporation.

I do have a question. I’m curious if the Minister could give us a bit of a rundown on what the limit is

for territorial courts, or I guess provincial courts, in other jurisdictions. How does the $35,000 stand up?

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair David Krutko

Mr. Lafferty.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Jackson Lafferty

Jackson Lafferty Monfwi

Mahsi, Mr. Chairman. The . Alberta, British Columbia, Nova Scotia, Newfoundland, Ontario, and Yukon have a limit of $25,000. Saskatchewan has a limit of $20,000. Manitoba and NWT, our jurisdiction, is $10,000. New Brunswick remains at $6,000 with plans to increase theirs to $30,000. PEI and Quebec respectively have limits of $8,000 and $7,000. So those are just some of the numbers we’ve received from other jurisdictions. Mahsi.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

So it appears that with the exception of one that is going to be increased to $30,000, we’re at least $10,000 above any of the other jurisdictions. I’m wondering what was the research behind that. How did we determine or decide that $35,000 in the Northwest Territories is the appropriate amount?

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair David Krutko

Ms. Shaner.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Shaner

We did our research by, in part, looking at jurisdiction across the country, factoring things in like the cost of living here, and, as well, we received that suggestion from some of the stakeholders including members of the Territorial Court bench.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

In determining the amount and deciding to bring this bill forward, was there any assessment done as to the amount of reduced cases being brought to the Supreme Court, but in correlation, the increase in the work demand or workload on the Territorial Court as a result of these changes?

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Shaner

Yes. In fact, there was and it was determined that there would really be a miniscule amount of increased workload and it probably wouldn’t be felt at the Supreme Court level. Where it would make a difference, though, is for litigants who, of course, would have access to a much more streamlined system.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

That sounds good and I agree and support that, but in the back of my mind it’s suggesting or screaming to me that it may actually increase the demands on the Territorial Court, because many people don’t file now if it’s above $10,000, between $10,000 and, say, $20,000, just to pick a number, because the amount of paperwork required and the fact that you need a lawyer to take it to the Supreme Court level can get quite expensive and there’s no guarantee that you’re ever going to be successful. Whereas if it’s at the Territorial Court and you don’t need a lawyer to be involved, people might be more willing or apt to take the chance; there’s less to lose.

I’m curious if any assessment was done to that degree, because I think and I feel that there is a chance that we could see a significant increase on our Territorial Court.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Shaner

I guess the answer is that we did the assessment that we could with what we know. The assessment that we did was that in 2009 there were 12 court cases filed in Supreme Court with claim amounts between $10,000 and the proposed $35,000. In 2010 there were 16 such cases. That would result, I guess, in a corresponding increase in workload for the Territorial Court, but there’s no guarantee and there’s no way to know if more people would come forward and file claims.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

I accept the argument or the evidence or the information provided. I mean, it’s easy to correlate that. What was there will likely be there, but now in the new…(inaudible)… But I still worry that there may be an increased demand as more people realize that it’s a territorial process instead of a Supreme Court process.

I guess my caution to the department is even though I do fully support the arguments behind doing this increase, I do fully support this increase and I fully support this bill coming forward, I do caution the department that it may result in an increase in workload and I hope the department is ready for that increase. I hope they have the resources within the department to handle the increased load.

I have a lot of respect for the people in the court system. I have a lot of respect for our GNWT staff who are the clerks and the sheriffs and the administrators. I think they have a hard job and an important job, and I want to make sure that they’re resourced and have the ability to do their job, and I worry about any increased work demand without an offset resource to balance that. I accept that you don’t think that there’s going to be. I accept that you believe it’s probably going to be the same numbers, but in the back of my brain I’m a little worried that if it’s an easier process, it may result in an increase. Just simply a caution and I’ll leave it with that. I do support this bill. Thanks for bringing it forward.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair David Krutko

Bill 22, general comments. Mr. Jacobson.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Jackie Jacobson

Jackie Jacobson Nunakput

Thank you, Mr. Chairman. Does this Act to Amend the Territorial Court Act streamline evictions?

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair David Krutko

Minister of Justice.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Jackson Lafferty

Jackson Lafferty Monfwi

Mahsi, Mr. Chair. Those are streamlined in front of the rental officer.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Jackie Jacobson

Jackie Jacobson Nunakput

But it still has to go to court, so if he could answer the question, yes or no, does it streamline evictions. Thank you.

Committee Motion 28-16(6): Amend Subclause 10(2) Of Bill 10, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair David Krutko

Ms. Shaner.