Debates of March 9, 2005 (day 52)

Thank you, Mr. Speaker. Mr. Speaker, my question today is for the Minister of Justice and it’s in regard to collection of judgment once someone wins a judgment from court. Mr. Speaker, the law we have with respect to collecting judgment in the North is very outdated, probably because it’s not something that’s on everybody’s mind all the time. The laws we have are that if you win a judgment and you want to collect against somebody and you have to file what’s called a garnishee, that only lasts only 10 days now. Which means everybody has to go to court and file it again, pay $5, then there are all sorts of expenses involved with that. Alberta, Mr. Speaker, recently made the laws so that the garnishee lasts a whole year, so there’s a lot less work on the courts and those who already have the judgments. I’d like to know from the Minister whether or not -- and I think the Minister might be working on this already -- the department might be interested in looking at updating this law. Thank you.

Thank you, Ms. Lee. The honourable Minister of Justice, Mr. Dent.

Return To Question 576-15(3): Updating Garnishee Legislation

Thank you, Mr. Speaker. The Member is right. I’ve had some discussions with the deputy minister on this issue because it has been raised from the private sector over the past six months. We are, right now, in the process of trying to decide what level of consultation, and how much of the act we should take out for consultation or whether we should do a focused amendment or propose a focused amendment just for this one issue. Right now, that’s the stage we’re at, is trying to determine just how far to go with the proposed amendment. The answer to the Member’s question is, yes, we’re looking at it. I would hope to be able to bring something forward to this House within this calendar year.

Thank you, Mr. Dent. Supplementary, Ms. Lee.

Supplementary To Question 576-15(3): Updating Garnishee Legislation

Thank you, Mr. Speaker. I’m sure if he brings that proposal to this side of the House we’ll be happy to do the public hearing for him. Anyway, Mr. Speaker, I have another question that he might be able to look into while he’s considering the changes that I’ve mentioned already. That has to do with the limit on small claims court. Mr. Speaker, small claims are set up so that people can go and get their issues of dispute resolved without having to hire a lawyer and go to the bigger court. Right now you can only go there if you’re case is less than $10,000. Many courts across the country have changed that. Alberta, for example, has changed the limit to $50,000. I think we have a lot of room to manoeuvre between $10,000 and $50,000. I’m wondering if the Minister would consider looking at that, as well. Thank you.

Thank you, Ms. Lee. Mr. Dent.

Further Return To Question 576-15(3): Updating Garnishee Legislation

Thank you, Mr. Speaker. Yes, I certainly will.