At this time I would like to ask the Minister responsible for the bill to introduce the bill. Minister Lafferty.
Mahsi, Mr. Chair. I am pleased to appear before the committee today to review Bill 13, An Act to Amend the Legal Profession Act.
I would like to start by thanking members of the Standing Committee on Social Programs for their review and comments on the bill. The Law Society of the Northwest Territories is the organization that regulates the legal profession in the Northwest Territories. Its functions include the investigation of complaints against its members and the discipline of its members.
The bill before you today was developed at the request of the Law Society to update the discipline provisions of the Legal Profession Act. The Law Society has been an active participant in developing this bill.
This bill will result in a number of changes to the way the Law Society carries out its mandate. One of the main changes is the addition of a mediation process that could be used for resolving complaints in appropriate circumstances. Effective solutions can often be achieved when parties have the opportunity to be active participants in a process.
The amendments in this bill will also require that the membership of the discipline committee of the Law Society include at least one person who is not a lawyer. It is the role of the discipline committee of the Law Society to receive and coordinate complaints. This bill will also make it a requirement that at least one non-lawyer must be included on a committee of inquiry, the body responsible for hearing the most serious cases involving the conduct of a lawyer.
Another change that will result from this bill is an automatic suspension of the membership of a lawyer who is sentenced to a term of imprisonment. Protection of the public is an important concern of both the Law Society and the government in supporting this change. Other changes in the bill relating to evidence and procedure are designed to assist the discipline process to run smoothly.
The Department of Justice supports efforts of professional associations such as the Law Society of the Northwest Territories to modernize and improve standards, processes and procedures in the best interest of the profession and the public. I believe that this bill promotes that goal.
Mr. Chair, I will be pleased to answer any questions that committee members may have regarding Bill 13. Mahsi.
Thank you, Mr. Minister. I would like to call on the standing committee that reviewed the bill if they wish to make any comments. At this time I will call Mr. Abernethy.
Thank you, Mr. Chair. The Standing Committee on Social Programs had a public hearing on Bill 13, An Act to Amend the Legal Profession Act, on September 11, 2008, and after being forced to adjourn due to a small fire, again on September 12, 2008.
The proposed amendments will bring the regulation of the legal profession in line with the best practices and standards being applied in the rest of Canada. The amendments were developed with active participation by the NWT Law Society and reflect the needs and wishes of the profession while still ensuring that the rights of the clients are protected.
The amendments clarify the disciplinary process for lawyers, provide for a layperson to sit on the discipline committee, allow for mediation of certain complaints, provide reinvestigation of complaints, allow for restrictions to be placed on the practices of lawyers or students at law, allow for the suspension or termination of the right to practise of a lawyer suspended or terminated in another province, and for automatic suspension if the lawyer is serving a prison sentence.
This concludes the committee’s comments on Bill 13, An Act to Amend the Legal Profession Act. Individual members of the committee may have comments or questions as we proceed. Thank you, Mr. Chairman.
Thank you, Mr. Abernethy. At this time I would like to ask the Minister if he will be bringing in any witnesses. Mr. Lafferty.
Yes, Mr. Chairman.
Does the committee agree that the Minister brings in his witnesses?
Agreed.
Sergeant-at-Arms, could you escort the witnesses in.
Mr. Minister, can you introduce your witnesses, please.
Mahsi, Mr. Chair. To my left is Mike Reddy. He is a senior policy analyst with the Department of Justice. To my right is Mark Aitken, director of the legislation division. Mahsi.
Thank you, Mr. Minister. Welcome, witnesses. General comments in regard to Bill 13. Does the committee agreed to detail?
Agreed.
Move on to page 1, An Act to Amend the Legal Profession Act, clause 1. Agreed?
Clauses 1 through 23 inclusive approved.
Move back to the preamble. The bill as a whole?
Does the committee agree that Bill 13 is ready for third reading?
Bill 13, An Act to Amend the Legal Profession Act, approved for third reading.
Thank you, colleagues. I would like to thank the Minister and his witnesses. Sergeant-at-Arms, could you escort the witnesses out, please.
At this time I would like to ask what the wish of the committee is. Mrs. Groenewegen.
Thank you, Mr. Chairman. I move that we report progress.
