Debates of October 26, 2004 (day 28)

Topics
Statements

Question 310-15(3): Eligibility For Legal Aid Before A Justice Of The Peace

Thank you, Mr. Speaker. In my Member’s statement today, I referred to the recent decision of the Legal Services Board to no longer attend Justice of the Peace Court in the Beaufort-Delta. I am concerned that there are circumstances where a person should be represented by a lawyer in JP court. Can the Minister tell me whether a person appearing before a JP for a bail hearing would be eligible for a Legal Aid lawyer? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Pokiak. The Minister of Justice, the Honourable Mr. Dent.

Return To Question 310-15(3): Eligibility For Legal Aid Before A Justice Of The Peace

Thank you, Mr. Speaker. The answer is absolutely. The role of a court worker is to look for situations that require the case to be put up to Territorial Court, at which time a Legal Aid lawyer would appear. But in any case, even in front of a JP, if it’s a show cause hearing, Legal Aid will provide a lawyer. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Dent. Supplementary, Mr. Pokiak.

Supplementary To Question 310-15(3): Eligibility For Legal Aid Before A Justice Of The Peace

Thank you, Mr. Speaker. Can the Minister inform this Assembly what percentage of their time the Legal Aid lawyers spend in JP court and whether stopping this practice will increase the amount of time the Legal Aid lawyers can spend defending people charged with serious crimes and criminal offences? Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Pokiak. Mr. Dent.

Further Return To Question 310-15(3): Eligibility For Legal Aid Before A Justice Of The Peace

Thank you, Mr. Speaker. I don’t have the exact percentage of time that lawyers attend JP court. It’s not very often in the Northwest Territories because, as I mentioned, they only attend for show cause hearings typically, or when the terms are being set for somebody’s release. The exact percentage I can’t provide, however, it’s not very often. It’s not a practice that has happened anywhere across the Territories. The role of the court worker is to attend JP court and watch for situations where a lawyer should be involved and ask, in those circumstances, for the case to be set over to the Territorial Court. Thank you, Mr. Speaker.