Thank you, Mr. Chair. I am pleased to be here today to talk to you about
Bill 16, An Act to Amend the Justices of the Peace Act. I would like to thank the Standing Committee on Social Programs for its review of the bill.
Justices of the peace fulfill an important role within the justice system of the Northwest Territories. They serve in communities where they work and live, performing a range of judicial and quasi-judicial functions. Justices of the peace carry out duties on a part-time basis and generally preside over summary conviction matters arising out of the territorial statutes, municipal bylaws and selected Criminal Code matters. They regularly conduct bail hearings and issue warrants and summons.
The chief judge of the Territorial Court has overall supervisory power for justices of the peace. The chief judge in 2009 noted that justices of the peace are not afforded protection from civil liability under territorial legislation. This leaves JPs vulnerable to being sued personally in a civil action for a decision made in their official capacity. The current chief judge has once again raised this concern and suggested that it be addressed.
Protection to territorial court judges is offered through the Territorial Court Act and most jurisdictions extend similar protect to their justices of the peace. The department is proposing to amend the Justices of the Peace Act to provide JPs with statutory immunity from civil actions unless they act maliciously and without reasonable and probable cause.
I would be pleased to answer any questions that committee members may have regarding Bill 16.