This is page numbers 3639 – 3680 of the Hansard for the 18th Assembly, 3rd 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 going.

Topics

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. Thanks to the Minister. I guess I am a little bit worried here that if this new way of doing transcripts is going to possibly present a barrier to access to justice. If a lawyer or defendant believes that they require, they need, transcripts to appeal a decision, they are going to get stuck with that cost now? Is this any different than our existing system right now? Thanks, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you. Minister.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

There is really no change from the current system except that people may take the option of getting the audio version. Also, too, with respect to appeals, particularly in criminal matters, if they are legal aid funded, I imagine, well, legal aid will pay for the cost of getting the transcript. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you. Mr. O'Reilly.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. If they are not legal aid funded, it might be more of a barrier. Has the department done any analysis of whether this is going to present a barrier with regard to access to justice, and, if so, could that be shared? Thanks, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you. Mr. Goldney.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Goldney

Thank you, Mr. Chair. We are not anticipating any additional barrier. We do expect the transcript fees to operate under this new model just as they do now. I think the one difference we will be tracking will be, and the Minister mentioned this, in addition to generating transcripts, there will be a transcript coordinator who will be responsible for generating those from the audio recordings, but there will also be an option for interested persons to secure a copy of the audio recordings. It actually might make it easier for folks, and spare them the cost of transcript generation if they are able to instead just satisfy themselves with an audio recording. For some purposes, they may still require a transcript, but that isn't a change from the way it works now. Moving forward, we will certainly monitor the utilization of both transcripts and the provision of recordings. We might anticipate less demand for people to pay for the transcript services. Thank you, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you. Minister Sebert.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Thank you, Mr. Chair. Essentially, we are doing what other jurisdictions have done some time ago, so this is quite usual in jurisdictions down south. Also, too, many of the decisions of the courts can be accessed on CanLii for no cost, so that won't change. Those cases will still be published, but, if you want a transcript of the whole trial, you may well be looking at some considerable cost. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you. Mr. O'Reilly.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I understand this has been done in other jurisdictions. I guess I still haven't got an answer about whether this is going to impact access to justice. If other jurisdictions have done this, what has been their experience with access to justice going this route? Has the department considered or done any analysis of what the experience is in other jurisdictions? Thanks, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you. Minister.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

We are not anticipating that this will cause any difficulties or reduce access to justice. We haven't done a study of other jurisdictions, but certainly the ones nearest to us and most of them in Canada have gone to this type of system. Thank you, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Minister. Mr. O'Reilly.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I guess I remain to be convinced. Is this simply to just cut $478,000 out of the Department of Justice budget? That is one thing, but I haven't heard any evidence that the Minister of the department can cite that this is not going to adversely impact access to justice. If there is some kind of evidence from other jurisdictions, if they intend to track this and report on it, that would be helpful. I haven't seen any evidence. Is there any evidence that this is not going to adversely impact access to justice? Thanks, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you. Minister.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Thank you, Mr. Chair. Well, we simply don't think that this will affect access to justice at all. I think those jurisdictions to the south of us that have gone to this type of system have not decided to go back to the old system of having a court reporter present in virtually all court proceedings. We simply don't think it is necessary anymore. I don't think it affects access to justice. Thank you, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you. Mr. O'Reilly.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I am thankful for the Minister's thoughts on this. I heard what he thinks about this. That is great, but I want some evidence, and I haven't seen any. The department doesn't seem to produce any, so I would remain concerned about this cut. Thanks, Mr. Chair. [Microphone turned off]... the Minister of the department, because I have asked several times, and they don't seem to be able to produce any evidence. Thanks.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. Justice, court services. Mr. Thompson.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Shane Thompson

Shane Thompson Nahendeh

Thank you, Mr. Chair. On page 285, it talks about the justice of the peace program here. I know that we have seen raises for the judges and that. Has the justice of the peace program been looked at? Thank you, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you. Minister.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

I don't think that has been looked at recently. Thank you, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you. Mr. Thompson.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Shane Thompson

Shane Thompson Nahendeh

Thank you, Mr. Chair. How do the justice of the peace increments occur? Thank you, Mr. Chair.