Thank you, Mr. Speaker. Mr. Speaker, your Standing Committee on Social Development is pleased to provide its report on the statutory review of the Legal Aid Act and commends this report to the House.
The Legal Aid Act requires the Legislative Assembly or one of its standing or special committees to commence a review of the Act and its operations by December 28th, 2014, and every ten years thereafter. The review shall examine how the Act is administered and implemented, assess the effectiveness of its provisions, and may include recommendations for legislative changes.
The Northwest Territories's Legal Aid Act was passed on November 6th, 2012, and came into force December 28th, 2014. The Act repealed and replaced the Legal Services Act and substituted a Legal Aid Commission for the previous standing Legal Services Board. The Act provides a framework for the delivery of legal aid services for residents of the NWT, including the governance and operational structure of the NWT Legal Aid Commission, which uses an integrated staff lawyer/private practitioner model. The Act aims to increase access to justice for eligible residents by offering legal aid services, promoting public knowledge of the law, and operating in an independent but accountable framework.
The Standing Committee on Social Development has conducted the review process for the Act’s first statutory review and presents this report, with thirteen recommendations to the House.
Between February 2025 to July 2025, committee engaged with the public. On April 4th, 2025, committee received a public briefing from the Minister of Justice and the NWT Legal Aid Commission. Committee also received a briefing from a criminal law lawyer on recommended amendments to the Legal Aid Act and the legal aid program in the NWT.
Committee received one written submission from the YWCA-NWT. The presentations and written submissions are included in Appendix A of this report.
Committee wishes to thank those who offered their feedback and perspectives at public meetings and in written submissions. This input helped shape committee's understanding of the Act and the recommendations for change. Committee categorized public comments received into four themes:
Administration,
Provision of legal aid services,
Legal aid lawyers; and,
For governance.
On April 4, 2025, committee received a presentation from John Hale, a criminal law lawyer practicing in the NWT. Committee was provided with context on the legal aid program in the NWT and was presented with recommendations to improve the Legal Aid Act and its regulations. Section 6 of the Act currently requires that the executive director of the Commission be a lawyer. It was noted to committee that whether or not the candidate for executive director is a lawyer is one factor to be considered, along with other experiences and qualifications. Therefore, the recommendation brought forward was section 6 of the Act to be amended to remove the requirement that the executive director of the Legal Aid Commission be a lawyer. Committee agrees with this suggestion and presents the following recommendation:
Recommendation 1
The Standing Committee on Social Development recommends the Government of the Northwest Territories review and amend section 6 of the Northwest Territories Legal Aid Act to remove the requirement that the executive director of the Northwest Territories Legal Aid Commission be a lawyer.
Section 9 and 10 of the act relate to the eligibility for Legal Aid services and whether eligible persons should be authorized or approved to receive legal aid.
In his presentation to committee, Hale recommended changes to these sections, suggesting that individuals who have an active Legal Aid approval in place, or who have been approved in the past 12 months be deemed to be eligible for Legal Aid services upon advising the Commission that their financial situation has not materially changed. Committee agrees with this feedback and believes this suggestion will significantly streamline the administration of legal aid and potentially reduce administration burden.
The following recommendation is presented:
Recommendation 2
The Standing Committee on Social Development recommends the Government of the Northwest Territories review and amend sections 9 and 10 of the Northwest Territories Legal Aid Act to deem individuals automatically eligible for legal aid if they (a) already have an active Legal Aid application approval in place, or (b) have been approved in the past 12 months so long as they confirm with the Northwest Territories Legal Aid Commission that their financial situation has not materially changed.
Committee had discussions during the April 4th public ministerial briefing about the expansion of legal aid services available in the Northwest Territories. During the briefing, the Department of Justice noted the current legal aid services, including services for criminal offences, child protection matters, family law matters, NWT Legislative offences such as Motor Vehicle Act and Liquor Act offences, and for youth in youth court. They also noted that the Act does not allow legal aid services for defamation actions, business or real property transactions, labour matters, or election dispute matters.
During their briefing with the Minister and through committee's own research, committee noted legal services that are needed in communities across the NWT such as legal assistance with land entitlement, with the drafting of wills and estates, with access to justice for evictions and housing and related matters, as well as legal assistance for those held under mental health legislation.
Thank you, Mr. Speaker. I request that my committee colleague, the Member from Range Lake, read the next section of the report.
Member from Range Lake.
Thank you, Mr. Speaker. And thank you to my colleague from Mackenzie Delta.
During his briefing to committee, Hale also responded to the possibility of expanding the provision of legal aid services in the territory, highlighting that civil matters, including matters related to estates, may be addressed within the legal aid outreach clinics. It was described that legal aid tends to be focused on criminal and family law matters and that the expansion of services would necessarily also require an expansion of the funding envelope to legal aid. Committee acknowledges these challenges and supports expanding restorative justice strategies alongside legal aid as part of a wraparound approach to improving the justice system, and access to justice.
In addition to restorative justice strategies, committee believes it is important to increase the public's knowledge of the law, and in doing so suggest that lawyers and staff of the Commission be able to conduct outreach activities in smaller communities in the days leading up to the territorial court circuit. Committee defines outreach activities as activities that build knowledge and trust in the justice system, specifically in smaller communities.
Committee maintains that the development of specific training for staff and panel lawyers working in small communities in the NWT would be beneficial in understanding the realities of needs in smaller communities, as well as the legal landscape of the territory.
Lastly, in its own research, committee found its sentiments aligned well with the Yukon’s Legal Services Society Act’s provisions on legal aid services. Specifically, section 16(1) of their legislation that describes a broad spectrum of activities that their legal aid program can administer under their legislation. In summary, their provision of legal aid services states that their Legal Services Society may provide legal aid to individuals for criminal proceedings, civil proceedings, proceedings respecting domestic disputes, or legal problems that threaten their livelihood, the physical or mental safety or health of themselves or their families, or their abilities to provide food, clothing, and shelter for themselves or their families. Committee therefore presents the following three recommendations to ensure that the legal aid envelope can be expanded when required and as needs arise for residents of the Northwest Territories, as well as ensuring that restorative justice practices and outreach strategies are prioritized:
The Standing Committee on Social Development recommends the Government of the Northwest Territories review and amend section 8 of the Legal Aid Act to align with wording presented in section 16(1) of the Yukon’s Legal Services Society Act to ensure the provision of legal aid services is broad and nimble to address emerging legal needs in the Northwest Territories.
Recommendation 4
The Standing Committee on Social Development recommends the Government of the Northwest Territories increase funding allocated to restorative justice programs in the Northwest Territories, in addition to budgeting more time for panel lawyers to conduct outreach activities during the territorial court circuit.
Recommendation 5
The Standing Committee on Social Development recommends the Government of the Northwest Territories develop specific training for staff and panel lawyers practicing in the Northwest Territories to ensure they understand the legal landscape of the Northwest Territories and remain sensitive to different cultures and ways of life of residents in smaller communities.
Thank you, Mr. Speaker. I request that my committee colleague, the Member for Sahtu, read the next section of the report.
Member from Sahtu.
Thank you to my colleague Member on the standing committee.
Committee continues to be concerned that residents of the Northwest Territories have adequate access to justice for evictions and housing-related matters. Notably, the Legal Aid Regulations expressly excludes matters arising under the Residential Tenancies Act as services for which legal aid is provided.
In committee's report on housing as a human right, committee outlines its learnings on promoting the right to housing through enhanced legal assistance for tenants. Access to justice for evictions can often be contradicted as "non-complex" law, although research has shown there is no lesser form of legal need. There is often a visible (or invisible) power differential between a landlord and a tenant. It is difficult to receive access to legal help or representation for tenants across Canada, and this struggle often means that tenants do not have coverage when facing eviction.
In its study on housing as a human right, committee learned of the federal blueprint for a renter’s bill of rights, which aims to build a national consensus on principles to protect renters' rights. It includes the principles of fairness and transparency specifically in respect of ensuring the protection and enforcement of existing tenant rights.
Committee presents the following recommendations to increase legal assistance for the tenants. Committee has also included this recommendation in its report on the housing as a human right:
Recommendation 6
The Standing Committee on Social Development recommends the Government of the Northwest Territories amend the Legal Aid Act and its regulations to include matters arising under the Residential Tenancies Act, as well as other housing related legal matters, such as evictions that may fall outside of the Residential Tenancies Act as subjects to which legal aid services may be provided.
The Government of the Northwest Territories should utilize the upcoming new federal blueprint for a renters' bill of rights to inform the development of effective legal aid services for tenants that reduce the power imbalance. To provide effective legal services, the Government of the Northwest Territories should allocate funding to the legal aid program to support services provided for housing-related matters.
Committee received the recommendation to amend the section 15(2) of the Act by adding as a consideration whether there is a pre-existing lawyer-client relationship. This section deals with how the executive director assigns lawyers to the cases, which during committee's ministerial briefing, the department noted that currently the legislation gives power to the executive director to assign a case to either a panel lawyer or staff lawyer. Section 15(2) of the Act also stipulates that the executive director consider the clients' rights, fiscal responsibility, conflicts of interest, and the legal expertise necessary in each case. The act also emphasizes that when issues arise between a lawyer and a client, the client may be reassigned. Adding the consideration of a pre-existing relationship would entail recognizing the nature of a relationship, the trust built over time, and a lawyer’s experience with a client’s life situation. Committee feels the recommendation to amend section 15(2) may help build more trust in the lawyer-client relationship and in the justice system. Committee therefore presents the following recommendation:
Recommendation 7
The Standing Committee on Social Development recommends the Government of the Northwest Territories review and amend section 15(2) of the Northwest Territories Legal Aid Act to add the consideration of a pre-existing lawyer-client relationship as and when the executive director assigns lawyers to cases.
Thank you, Mr. Speaker. I will now request that the committee colleague -- as a committee colleague, I pass this section over to the Member of Yellowknife North. Mahsi.
Thank you, Member from the Sahtu. Member from Yellowknife North.
Thank you, Mr. Speaker. Elements related to the retention and remuneration of panel lawyers was also brought to committee's attention.
Section 22 of the act authorizes the Commissioner, on recommendation of the Minister, to make regulations under the act with respect to the remuneration and reimbursement of lawyers, the way remuneration is paid, and prescribing legal aid services that may be provided, etc. Hale focused on discussing with committee four areas with respect to the legal aid regulations, including suggesting improvements to hourly and daily rates of pay for panel lawyers, noting that they have not changed since December 2014. He suggested Table 1: Tariff of Rates, which provides an outline of the remuneration of panel lawyers, be increased by 29 percent to keep up with rates of inflation. It was also suggested that there be a built-in annual cost-of-living increase to the rates.
Notably, at the ministerial briefing, the Legal Aid Commission described difficulties in retaining staff and panel lawyers as similar struggles are occurring in many jurisdictions across Canada. According to suggestions and considering retention remarks made by the Commission, committee recommends:
Recommendation 8
The Standing Committee on Social Development recommends the Government of the Northwest Territories review and amend the legal aid regulations under the Legal Aid Act to increase hourly rates and daily circuit rates in Table 1: Tariff of Rates, by 29 percent to reflect rates of inflation and that annual cost-of-living increases are built into the rates to ensure competitive pay.
Committee was made aware of issues with panel lawyer remuneration, specifically that lawyers are currently being paid within 30 days of rendering an account. The suggestion presented was that this timeline be changed to two weeks and, in addition, that there be a way for lawyers to be reimbursed immediately for expenses incurred, such as airfare for court circuit work under section 15(1) of the legal aid regulations. Committee understands these suggestions and recommends the following:
The Standing Committee on Social Development recommends the Government of the Northwest Territories review and amend the legal aid regulations under the Legal Aid Act to ensure panel lawyers are paid within 14 days of rendering an account, and include in the legal aid regulations that panel lawyers be reimbursed immediately for expenses incurred, such as airfare and accommodations for court circuit work.
It was noted that the regulations also be amended to align with recent changes to Canada's categorization of offences, suggesting that Type A and B offences be collapsed into one category and that sexual offences are categorized into what are now Type C offences, even in cases where the Crown proceeds by summary conviction. As currently described in the regulations, Type A means an offence dealt with by summary conviction, Type B means an offence dealt with by indictment that is punishable by a term of five years imprisonment or less, including an offence listed in section 553 of the Criminal Code, and Type C means an offence dealt with by indictment that is punishable by a term of more than five years imprisonment, including an offence under section 348 of the Criminal Code and section 5 of the Controlled Drugs and Substances Act, other than an offence that is dealt with by indictment and is punishable by a maximum term of life imprisonment. Committee agrees with these suggestions, and presents the following recommendation:
Recommendation 10
The Standing Committee on Social Development recommends the Government of the Northwest Territories review and amend the legal aid regulations under the Legal Aid Act to combine Type A and B offences into one category, and to categorize sexual offences as their own category of offence.
Thank you, Mr. Speaker. I request that my committee colleague, the Member for Mackenzie Delta, read the final section of the report. Thank you.
Member from the Mackenzie Delta.
Finally, there were suggested amendments to Table 2: Maximum Time Allocated to Matters under the regulations to double the maximum allocated hours to matters and permit additional hours for preparation during an ongoing trial.
Committee believes that adjusting time allocated to matters will help with proper representation of legal aid clients and therefore presents the following recommendation:
The Standing Committee on Social Development recommends the Government of the Northwest Territories review and amend Table 2: Maximum Time Allocated to Matters under the legal aid regulations by doubling the maximum allocated hours, and by permitting additional hours for preparation during an ongoing trial.
During the Minister of Justice’s briefing to committee, committee posed questions regarding the governance structure of the Commission and particularly how the Minister reviews and decides upon recommendations from the Commission. Committee noted that under section 3 of the Act, the Minister shall consider recommendations made by the Commission. In line with this section of the act, committee has concerns regarding the decision to eliminate the Office of the Children's Lawyer and subsequently transferring its functions into the legal aid program. Committee's concerns include the following:
The lack of adequate support, guidance, and advice to staff and panel lawyers serving children. Serving this vulnerable population may require specific training and resources;
The absence of a dedicated office that may address gaps and suggest improvements to a child’s access to justice in the NWT; and,
The lack of clear processes and protocols for how children can acquire a lawyer or access to justice.
Committee emphasizes the need for accountability in decision-making, especially regarding access to justice and effective operation of the Commission and providing essential legal programs for children. Committee therefore presents the following recommendations in an effort to support justification for decision-making:
Recommendation 12
The Standing Committee on Social Development recommends the Government of the Northwest Territories review and amend section 3 of the Legal Aid Act to require that the Minister of Justice provide written reasoning and justification to the Northwest Territories Legal Aid Commission when they accept or reject a recommendation.
This concludes the Standing Committee on Social Development’s statutory review of the Legal Aid Act.
The Standing Committee on Social Development recommends the Government of the Northwest Territories provide a response to this report within 120 days. Thank you, Mr. Speaker.
Thank you, Member for Mackenzie Delta. Member from Mackenzie Delta.
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Range Lake, that Committee Report 26-20(1), Standing Committee on Social Development Report on the Statutory Review of the Legal Aid Act be received and adopted by the Assembly. Thank you, Mr. Speaker.
Thank you, Member from Mackenzie Delta. Can I get a seconder being not Range Lake but from Yellowknife North, please. Member from Mackenzie Delta.
Mr. Speaker, I move, seconded by the honourable Member of Yellowknife North, that pursuant to Rule 9.4(5)(a), the Government of the Northwest Territories table a comprehensive response to this report, including all recommendations, within 120 days or at the earliest opportunity subsequent to the passage of 128 days. Thank you, Mr. Speaker.
Thank you, Member for Mackenzie Delta. The motion is in order. To the motion.
Question.
Question has been called. All those in favour, please raise your hand. All those opposed? All those abstaining? Motion has been carried.
---Carried
Member from Mackenzie Delta.
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Yellowknife North, that Committee Report 26-20(1), Standing Committee on Social Development Report on the Statutory Review of the Legal Aid Act, be received and adopted by the Assembly. Thank you, Mr. Speaker.
Thank you. The motion is in order. To the motion.
Question.
Question has been called. All those in favour, please raise your hand. All those opposed, please raise your hand. All those abstaining, please raise your hand. The motion is carried.
---Carried
Member for Mackenzie Delta. Thank you, Mr. Speaker.
