Thank you, Mr. Menicoche. Does committee agree?

Agreed. We will commence just after a short break. Thank you.

---SHORT RECESS

Okay, Members. I’d like to call Committee of the whole back to order. I guess, before the break, committee indicated they’d like to deal with Bill 5, Legal Aid Act, and Bill 7, An Act to Amend the Judicature Act. So we will proceed with Bill 5 first. Committee agreed?

Agreed. I’d like to ask the Minister responsible to introduce the bill. Mr. Abernethy.

Thank you. Did you say Bill 7 or Bill 5 to start?

Bill 5 to start with, please.

I am pleased to be here today to talk to you about Bill 5, Legal Aid Act.

Firstly, I would like to thank the Standing Committee on Social Programs for their review of this bill and for all of the constructive feedback they have provided in a very collaborative manner. A number of motions were made in committee and I am pleased the bill has improved as a result.

The Legal Aid Act will replace the existing outdated Legal Services Act. This new act provides the framework for the operations of the Legal Aid Program here in the Northwest Territories. It is not intended to set out the details of the day-to-day operations, nor to set policy, but to give a strong framework for the new commission to provide efficient and effective services for our residents seeking access to justice.

The Legal Services Board currently provides legal representation and services to persons eligible for its legal aid services. Over the last 30 years, the legal aid system provided by the board has changed, but the governing legislation has not been updated to reflect these improvements and modernizations. The new Legal Aid Act will bring the legislation in line with the way legal aid is delivered in the Northwest Territories in 2012.

The main changes to be incorporated into the new Legal Aid Act include:

• renaming of the Legal Services Board of the

NWT as the NWT Legal Aid Commission;

• specifying the powers and composition of the

members of the commission;

• clarifying the status of the executive director and

commission employees;

• changing choice of counsel and resident

counsel provisions;

• updating the list of services provided;

• eliminating regional committees;

• emphasizing the independence of the

commission; and

• building into the act a requirement for review

every 10 years.

We should be proud of the services provided by people who work in our legal aid system. Our court workers are well respected and have long-standing and deep ties within our communities. They are familiar with the resources in their regions and work to assist those who are often in crisis to deal with issues. They provide full and immediate assistance and advice to people dealing with family violence, and work closely with our legal staff on a daily

basis. Our legal counsel are dedicated, committed and proficient in the work they do. They carry heavy caseloads and spend many days of the year on the road. Their passion is evident.

I would be pleased to answer any questions the committee members may have regarding Bill 5. Thank you.

Thank you, Mr. Abernethy. At this time I will call upon the deputy chair of the Standing Committee on Social Programs, who reviewed the bill, to make comments. Mr. Dolynny.

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.

Thank you, Mr. Dolynny. At this time I would like to ask Mr. Abernethy if he would like to bring witnesses into the Chamber.

Yes, please, Madam Chair.

Thank you, Mr. Abernethy. Is the committee agreed?

I’ll ask the Sergeant-at-Arms to please escort the witnesses to the table.

Mr. Abernethy, for the record, could you please introduce your witnesses?

Thank you, Madam Chair. With me today on my left is Lucy Austin. She is legislative counsel and former executive director of the Legal Services Board. Ian Rennie is on the far side. He is legislative counsel. Beside me is the assistant deputy minister of the Attorney General branch, Mark Aitken.

Thank you, Mr. Abernethy. I would like to ask Members if

they have any general comments regarding Bill 5. Mr. Bromley.

Thank you, Madam Chair. Really, just a question. In considering this bill I’ve run into the terms “staff lawyers” and “panel lawyers.” I’d just like some clarity on whether those are the same thing. Are there lawyers who do not provide legal aid who are part of this division or not?

Thank you, Mr. Bromley. Mr. Abernethy.

Thank you, Madam Chair. For clarity, staff lawyers are the lawyers by the Legal Services Board – future Legal Services Commission – to actually provide services on behalf of the GNWT. They are employees. Panel lawyers are lawyers who happen to be members of the private Bar or private practice that are contracted to provide services to the clients of the Legal Services Board.

Do we typically have staff lawyers? What would the component be that we have on staff?

I believe the number is 14. During the last budget session, Members requested that we increase that number. I think it’s gone up to 14 now that are actually GNWT employees and employees of the commission itself.

The commission itself meaning the Legal Aid Commission, correct?