Thank you, Madam Chair. The Standing Committee on Social Programs conducted its public review of Bill 5, Legal Aid Act, on August 23 and October 29, 2012. The committee thanks
the Minister and his staff for presenting the bill.
The bill repeals and replaces the Legal Services Act. In the proposed act, the Legal Services Board continues to operate under the new title, the Legal Aid Commission.
The committee received substantial and thoughtful public input, both written and in person. This, combined with committee’s work, resulted in 12 proposed amendments to strengthen the bill. The Minister concurred with all but one of these amendments during the committee’s clause-by-clause review on October 29, 2012.
Access to justice is an important issue across the Northwest Territories, particularly in small communities and regional centres. Most communities have no resident lawyer. The nearest courthouse is often hundreds of kilometres away.
Legal aid is a crucial component of our justice system and it was stressed in public submissions. The committee received comments from the NWT Branch of the Canadian Bar Association, the Law Society of the Northwest Territories, the Hamlet of Aklavik, the Town of Hay River, Ms. Emerald Murphy and Ms. Elizabeth Portland. The committee is grateful for their considered input and service to the people of the Northwest Territories.
One presenter requested that the act provide for legal aid to persons with disabilities who file complaints with the NWT Human Rights Commission. The committee judged this blanket coverage to be beyond the scope of the Legal Aid Act. However, Members note that the Legal Aid Commission will have great latitude to provide coverage in exceptional cases of all types. Moreover, the commission will have the authority to make guidelines to assist the executive director in such decisions.
The basic understanding of the law, one’s rights, and how to exercise them is the key aspect of fair access to justice for all citizens. Under the proposed Legal Aid Act, one of the commission’s
duties is to promote public knowledge of the law and the administration of justice. This is one of the 11 constructive amendments made with the Justice Minister’s consent. The committee thanks Minister Abernethy and his officials for their collaboration in approving Bill 5.
In addition to the areas already mentioned, amendments were made to:
• explicitly include legal aid coverage for child protection, family and civil matters;
• highlight the Minister’s duty to table the
commission’s annual report in the Assembly;
• include explicit mention of court workers in the act;
• forbid the commission from delegating certain duties to the executive director, including deciding of appeals;
• strengthen
provisions
against potential conflicts
of interest;
• preserve some choice of counsel for persons accused of crimes carrying a potential life sentence; and
• protect solicitor-client privilege as well as the integrity of the legal aid system.
Following the committee’s review, a motion was carried to report Bill 5 as amended and reprinted to the Assembly as ready for consideration in Committee of the Whole. This concludes committee’s opening comments on the proposed Legal Aid Act. Individual Members will likely have additional questions or comments as we proceed.