Thank you, Mr. Speaker. Mr. Speaker, your Standing Committee on Social Development is pleased to provide its Report on the Review of Bill 82: Legal Profession Act.
Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 5819(2) be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.
Thank you, Member for Kam Lake. The motion is in order. To the motion?
Question.
Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried. Bill 82 is deemed read and moved into Hansard.
Carried.
Bill 82: Legal Profession Act (Bill 82) received second reading on March 30, 2023, and was referred to the Standing Committee on Social Development (Committee) for review.
Bill 82 repeals and replaces the existing Legal Profession Act (Act). The changes modernize the legislation based on the recommendations from a discussion paper created by the Law Society of the Northwest Territories (Society) to the Department of Justice. Specifically, Bill 82 will:
Specify the purpose and administration of the Society.
Define "member" of the Society and revise conditions for membership.
Broaden the definition of the "practice of law."
Modernize and expand the tools available for dealing with lawyer misconduct.
Define the Assurance Fund, create a time limit for claims, and permit the Society to make charges against the Fund and to pursue claims against lawyers.
Give the Society the ability to appoint interim custodians of a member's property and practice and approve that a lawyer may open a trust account.
Address other matters such as expanding on liability protections, disclosure and safeguarding of solicitor-client privilege, use of titles, violations under the Act and associated fines, and obligations related to financial inspections and audits of lawyers.
The existing Legal Profession Act was passed in 1976 and established the Society as the body that regulates lawyers in the NWT. In 2018, a Revision Committee was established by the Executive of the Society to consult on and recommend changes, as the Act has not been extensively reviewed since it was first enacted. Parts of the existing Act are considered obsolete, and key issues related to the regulation of lawyers remain unaddressed.
This report outlines key events leading up to the introduction of Bill 82; describes Committee's engagement with stakeholders; and summarizes stakeholder positions and Committee decisions.
In October 2022, the Standing Committee on Accountability and Oversight (AOC) received the Legislative Proposal for Bill 82. AOC confirmed support of the Bill with the Government House Leader and Bill 82 was tabled in the House during the February-March 2023 Sitting.
Committee held a public hearing on May 10, 2023, and completed its clause-by-clause review of Bill 82 with the Minister of Justice on May 31, 2023. Committee did not propose any amendments to the Bill.
Committee sought public feedback on Bill 82 with a public notice and targeted engagement letters. Committee received written submissions from:
The Law Society of the Northwest Territories;
Mr. Brian Flewelling, a private resident;
Northwest Territory Métis Nation; and
Délı̨nę Got'ı̨nę Government.
All written submissions are included in an Appendix to this report. Additionally, during the public hearing on Bill 82, Committee heard remarks from the Minister of Justice, asked questions to Departmental officials, and received oral comments from the Society and Mr. Flewelling. Committee thanks the Society and Mr. Flewelling for their engagement. Their participation helped inform Committee discussions on key issues for future consideration.
Overall, Committee supported Bill 82 since it was first introduced. However, before advancing the Bill, there were several areas of concern that Committee wanted further feedback on from the public and the Minister of Justice. Those areas are:
Access to justice;
Cultural safety trainings taken by lawyers;
Public access to law libraries and legal materials;
Regulating paralegals; and
Pro bono legal services.
Before the end of the May-June 2023 Sitting, Committee received feedback from both the Law Society and the Minister of Justice regarding these areas of concern. Based on that feedback, Committee considered the Bill ready to be advanced to the next stage.
In both its oral and written submissions, the Law Society explained that while access to justice is "an important and ever-present issue" for their profession, this is a broader issue that requires all justice system participants to help find the right solutions. The Society also stated that one of the recommendations in their discussion paper specifically addressed access to justice, which in Bill 82 is section 21(2)(e):
- S.21(2) No person shall carry on the practice of law in the Northwest Territories or hold out that they are entitled to practise law or that they are a registrant of the Law Society, unless the person is:
a. an active registrant of the Law Society;
b. authorized to practise law by the governing body for lawyers in an extra-territorial jurisdiction approved by the Executive and has met the requirements established by the Law Society of the Northwest Territories to engage in the practice of law in the Northwest Territories;
c. a student-at-law and is practising law in accordance with the rules;
d. a law student and is practising in accordance with the rules; or
e. otherwise authorized under this Act or the rules to carry on the practice of law in the Northwest Territories.
As well as section 22(4)(d) of Bill 82, which reads:
- S.22(4) The following classes of registrants exist for the Law Society:
a. Lawyers;
b. Students-at-law;
c. Law students;
d. Any other class of individuals providing limited legal services set out in the rules.
All specified rules throughout these two sections need to be further developed by the Law Society, with the end goal of greater access to justice. Upon learning this, Committee considered this concern sufficiently addressed.
Committee initially contemplated whether Bill 82 should have included a provision requiring all legal professionals practicing in the NWT to undergo mandatory training for cultural safety and trauma-informed practices. However, in the Society's written submission, they explained that this area would be addressed through the Law Society's rules, not the Act. Committee also learned the Law Society requires cultural safety training on an annual basis. Upon learning this, Committee considered this concern sufficiently addressed.
Committee recognizes that the NWT's sole Law Library was closed due to budgetary reasons, therefore there was concern that this created a barrier to public access to legal materials for residents and legal professionals. While the Law Society did acknowledge this in their submissions, they state that the Law Foundation is granted a mandate under the Act to establish, maintain, and operate law libraries. The Society also stated that their organization does provide public access to legal resources such as the Legal Resource Center, with the support of the Department of Justice, and CanLii, a free online legal database, with the support of the Federation of Law Societies. While Committee agreed that the responsibility of law libraries did not lie with the Law Society, Committee did identify concerns that law libraries and support services to improve access to justice resources are not being made available through the Department of Justice. This concern remains.
Committee wrote to the Minister of Justice on whether the Department considered including a provision within Bill 82 to regulate paralegals and clearly define what a paralegal is and what they can and cannot do. The Minister did not see this approach as practical given the limited number of paralegals in the NWT. Further, the Minister stated that this type of provision is out of scope of the Bill, would be too burdensome on the Law Society, and is better addressed through the rules of the Law Society itself. Upon hearing this, Committee considered this concern sufficiently addressed.
Committee is concerned about changes to the Law Society membership fee structure within the legislation for lawyers offering pro bono legal services to residents. The Minister indicated that as lawyers are a self-governing profession, the Law Society retains discretion over establishing fees through its rules. The Minister also stated that to protect the Law Society as a regulator, it is the Department's view that fees for pro bono services are an issue that is best addressed within the rules of the Law Society. Further, the Minister stated that the Law Society confirmed a willingness to reduce or waive fees in support of pro bono services through their rules. Upon hearing this, Committee considered this concern sufficiently addressed.
On May 31, 2023, Committee Held A Clause-by-clause Review. Committee Passed A Motion To Report Bill 82 To The Legislative Assembly As Ready For Consideration In Committee Of The Whole. This Concludes The Standing Committee On Social Development's Review Of Bill 82: Legal Profession Act.
Member for Great Slave.
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Monfwi, that Committee Report 6019(2), Standing Committee on Social Development Report on the Review of Bill 80: Dental Hygienists Profession Statute Amendment Act, be received and adopted by the Assembly. Thank you, Mr. Speaker.
Thank you, Member for Great Slave. The motion is in order. To the motion?
Question.
Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried.
Carried
Member for Kam Lake.
Thank you very much, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee report 5819(2), Standing Committee on Social Development Report on the Review of Bill 82: Legal Professions Act, be received and adopted by the Assembly. Thank you, Mr. Speaker.
Thank you, Member for Kam Lake. The motion is in order. To the motion?
Question.
Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried.
Carried
Reports of standing and special committees. Member for Deh Cho.
