Debates of September 27, 2023 (day 162)

Date
September
27
2023
Session
19th Assembly, 2nd Session
Day
162
Members Present
Hon. Diane Archie, Hon. Frederick Blake Jr., Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Mr. Edjericon, Hon. Julie Green, Mr. Jacobson, Mr. Johnson, Ms. Martselos, Ms. Nokleby, Mr. O’Reilly, Ms. Semmler, Hon. R.J. Simpson, Mr. Rocky Simpson, Hon. Shane Thompson, Hon. Caroline Wawzonek, Ms. Weyallon Armstrong
Topics
Statements

Clause 101 to 110, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clause 110 to 121, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clause 121 to 125, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Committee, to a bill as a whole, does committee agree that Bill 77, Nursing Profession Act, is now ready for third reading?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. Does committee agree that this conclude our consideration of Bill 77, the Nursing Profession Act?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. And thank you, Minister, and thank you to your witnesses. Sergeantatarms, please escort the witnesses from the Chamber.

Committee has agreed to consider Bill 82, Legal Professions Act. I will ask the Minister of Justice to introduce the bill.

Madam Chair, thank you. I am pleased to be here today to present Bill 82, Legal Profession Act.

Bill 82 proposes a repeal and replacement of the current Legal Profession Act, which was passed in 1976 and establishes the Law Society of the Northwest Territories as the body which regulates lawyers in the Northwest Territories. The department has worked in collaboration with the law society to bring forward these amendments and appreciates the time and effort contributed by law society membership both with their initial review of the existing act and with reviewing an engagement draft of the bill. This helped to ensure we were able to bring forward a fulsome new Act that will effectively regulate lawyers in the Northwest Territories.

In 2018, a revision committee was established by the executive of the Law Society of the Northwest Territories to consult on the recommended changes to the Act which had not been extensively reviewed since it was first enacted. The Act as currently written is prescriptive with many issues governed by the Act rather than the rules of the law society. Similar legislation in comparable jurisdictions is often less prescriptive allowing for greater flexibility in the rules and policies of their law societies. The proposed new Act would address contemporary developments in the legal profession in a manner similar to other Canadian jurisdictions.

In addition to addressing errors in consistencies and improving the overall clarity of the Act, proposed changes to the Act generally address the following areas: The purpose and administration of the society, membership, and enrolment; the definition of practice of law; discipline; the assurance fund; trust accounts and custodianship; and, other relevant matters.

This concludes my opening remarks. I'd be pleased to answer questions that Members may have. Thank you.

Thank you, Minister. Would you like to bring witnesses into the Chamber?

Thank you. Sergeantatarms, please escort the witnesses into the Chamber. Minister, would you please introduce your witnesses.

Thank you. To my right, I have Mr. Ian Rennie, legislative counsel with the Department of Justice, and on my left is Mr. Brad Patzer, assistant deputy minister Solicitor General.

I will now turn the floor or to the chair of the sorry, I will now turn to the chair of social development, the committee that reviewed the bill, for any opening comments on Bill 82. Member for Kam Lake.

Thank you, Madam Chair. Madam Chair, Bill 82, Legal Profession Act, received second reading in the Legislative Assembly on March 30th, 2023, and was referred to the Standing Committee on Social Development for review. The standing committee held a public hearing with the Minister of Justice in Yellowknife on May 10th, 2023. Through public engagement committee received submissions from the Law Society of the Northwest Territories, a private resident, the NWT Metis Nation, and Deline Gotine Government.

Committee was concerned around the topics of: Access to justice, cultural safety training, public access to legal materials, regulating paralegals, and pro bono legal services. Committee was ultimately satisfied, however, that the submissions provided from stakeholders adequately addressed these concerns. As such, committee did not forward any motions to amend the bill.

Standing committee held the clausebyclause review of Bill 82 on May 31st, 2023. I would like to thank the public for their time to meet with committee and for committee's work on the review of this bill.

Individual Members may have additional comments or questions. Thank you, Madam Chair.

Thank you, Member for Kam Lake. I will now open the floor to general comments on Bill 82. Are there any general comments? Seeing none, does committee agree that there are no general comments?

Speaker: SOME HON. MEMBERS

Agreed.

Can we proceed to a clausebyclause review of the bill?

Speaker: SOME HON. MEMBERS

Agreed.

Committee, we will defer the bill number and title until after consideration of the clauses. We will consider the clauses in groups. Please turn to page 1 of the bill.

Clauses 1 through 10, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clauses 11 through 20, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clauses 21 to 30, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clauses 31 to 40, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clauses 41 to 50, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clauses 51 to 60, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clauses 61 to 70, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clauses 71 to 77, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Committee, to the bill as a whole, does committee agree that Bill 82, Legal Profession Act, is now ready for third reading?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. Committee has agreed that Bill 82, Legal Profession Act, is now ready for third reading. Does committee agree that this concludes our consideration of Bill 82, Legal Profession Act?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, Minister, and thank you to your witnesses. Sergeantatarms, please escort the witnesses from the Chamber.

Member for Frame Lake.

Merci, Madam la Presidente. I move that the chair rise and report progress.

There's a motion on the floor to report progress. The motion is in order and nondebatable. All those in favour? All those opposed? The motion is carried. I will now rise and report progress.

Carried

Report of Committee of the Whole

Mr. Speaker, your committee has been considering Bill 29, Bill 77, and Bill 82, and I would like to report progress with one motion carried that Bill 29 is concluded and that Bill 82 is ready for third reading and that Bill 77 is ready for third reading as amended. And, Mr. Speaker, I move that the report of the Committee of the Whole be concurred with.

Speaker: MR. SPEAKER

Thank you, Member for Inuvik Twin Lakes. Do we have a seconder? Member for Yellowknife Centre. All those in favour? All those opposed? The motion is carried.

Carried

Orders of the Day

Speaker: Mr. Glen Rutland

Thank you, Mr. Speaker. Orders of the day for Thursday, September 28th, 1:30 p.m.

Prayer

Ministers’ Statements

Members’ Statements

Returns to Oral Questions

Oral Question 1548-19(2), Indian Day Schools

Oral Question 1578-19(2), Fire Management Policy Effect on Indigenous Culture

Recognition of Visitors in the Gallery

Acknowledgements

Oral Questions

Written Questions

Returns to Written Questions

Replies to the Commissioner’s Address

Petitions

Reports of Committees on the Review of Bills

Reports of Standing and Special Committees

Tabling of Documents

Notices of Motion

Motions

Notices of Motion for First Reading of Bills

First Reading of Bills

Second Reading of Bills

Bill 64, An Act to Amend the Legislative Assembly and Executive Council Act, No. 3

Consideration in Committee of the Whole of Bills and Other Matters

Bill 23, An Act to Amend the Public Utilities Act

Committee Report 52-19(2), Standing Committee on Rules and Procedures Report on the Review of the Rules of the Northwest Territories Legislative Assembly

Committee Report 53-19(2), Standing Committee on Economic Development and Environment Report on Supporting Northern Businesses

Minster’s Statement 264-19(2), Response to the NWT Chief Coroner’s Report on Suicide

Tabled Document 681-19(2), Government of the Northwest Territories Response to Committee Report 26-19(2): Report on the Child and Family Services Act – Lifting Children, Youth and Families: An All of Territory Approach to Keeping Families Together

Tabled Document 973-19(2), 2024-2025 Capital Estimates

Tabled Document 974-19(2), Supplementary Estimates Operations Expenditures, No. 3, 2023-2024

Report of Committee of the Whole

Third Reading of Bills

Bill 77, Nursing Profession Act

Bill 82, Legal Profession Act

Orders of the Day

Thank you, Mr. Speaker.