Debates of January 20, 2004 (day 1)

Thank you, Mr. Speaker. Mr. Speaker, my questions today are for the Minister of Justice, the Honourable Charles Dent. As I stated in my Member's statement, the Honourable Chief Judge Robert Halifax retired in the fall after some 26 years of distinguished service to the North. In view of the fact that this has created a vacancy in Hay River, and indeed in the judicial system in the North, could the Minister explain to this House what his role is in filling this vacancy created by the retirement of the resident judge in the South Slave? Thank you, Mr. Speaker.

Minister of Justice, Mr. Dent.

Return To Question 2-15(2): Resident Justice Vacancy In Hay River

Thank you, Mr. Speaker. Mr. Speaker, the Territorial Court Act establishes the process for the appointment of territorial judges. Basically, there is a Judicial Appointments Advisory Committee which is established by the act. The chief judge chairs it, and the membership consists also of the senior territorial judge, four members of the public appointed by the Commissioner in Executive Council, and two lawyers appointed by the Law Society. The committee advertises the vacancy, reviews the applications, assesses the qualifications of candidates, and in confidence gives the Commissioner in Executive Council a ranked list of the candidates it recommends with brief supporting reasons. Cabinet then can consider for appointment only those candidates who are on that list and recommended by the committee. The act does not compel the Executive Council to accept the recommended candidates, but we're not sure because the act is silent regarding what the process would be if that was not followed.

In terms of the residence of the judge, the Territorial Court Act does provide that appointment may specify the location at which a judge must reside. Thank you, Mr. Speaker.

Supplementary, Mr. Delorey.

Supplementary To Question 2-15(2): Resident Justice Vacancy In Hay River

Thank you, Mr. Speaker. Mr. Speaker, in view of the fact that the Minister has to go to Cabinet with this, could the Minister please advise the House as to who his informers/advisors are on what kind of recommendations you'll go to Cabinet with? Who are his informers? Thank you, Mr. Speaker.

Minister of Justice.

Further Return To Question 2-15(2): Resident Justice Vacancy In Hay River

Mr. Speaker, as I said, the committee will recommend a list of people that must be presented to Cabinet. It's not up to the Minister to make any sort of recommendation at all. In fact, the Minister does not make a recommendation as to the appointment of a judge. The Minister only presents the letter that is provided by the committee to Cabinet, and then Cabinet as a whole will make a selection. Thank you, Mr. Speaker.

Supplementary, Mr. Delorey.

Supplementary To Question 2-15(2): Resident Justice Vacancy In Hay River

Thank you, Mr. Speaker. Mr. Speaker, in view of the fact that this part of the judicial system in the North especially affects the residents of the South Slave, what consultation has the Minister done, or does he intend to do, in helping him make a decision as to where the resident judge should be placed? Thank you, Mr. Speaker.

Minister of Justice, Mr. Dent.

Further Return To Question 2-15(2): Resident Justice Vacancy In Hay River

Thank you, Mr. Speaker. Mr. Speaker, the chief judge will provide some advice on this issue, as likely will the committee that's going to be making some recommendations. All of the information will be based on the workload that is found in whatever regions we have in the Northwest Territories, so it's not an issue of consultation. I have been contacted by Members of this House, I have been contacted by the mayor of Hay River and by the president of the Chamber of Commerce, so I have heard from people about the interest as to where the position would be located. I will ensure that, when this is considered, all the information is put before my Cabinet colleagues, then the decision will be made.

Final supplementary, Mr. Delorey.

Supplementary To Question 2-15(2): Resident Justice Vacancy In Hay River

Thank you, Mr. Speaker. Mr. Speaker, I would hope that the Minister would make sure that he has all the accurate information in front of him on all aspects of this issue before he makes a decision. It is my understanding in reading the act that the Minister can make a recommendation to Executive Council when he does present a short list to council. Would the Minister commit that he recommends that this resident judge be placed in Hay River or in the South Slave? Thank you, Mr. Speaker.

Minister of Justice, Mr. Dent.

Further Return To Question 2-15(2): Resident Justice Vacancy In Hay River

Thank you, Mr. Speaker. My advice isn't that I can make a recommendation about who should be hired. It is clearly a decision of Cabinet, that a location or residence can be stipulated. But as Attorney General for the Northwest Territories, part of my responsibility is to present the case that the judges bring forward, as well. So I have to present the arguments that are given to me by the chief justice and advocate on their behalf, as well as keeping in mind the political sensitivities around the issue. I think that the Members can be assured that Cabinet will have all of the facts before them and will consider this appointment very carefully.