Legal Service Provision in Northern Canada
Summary of Research in the Northwest Territories, Nunavut, and the Yukon

14. PROPOSED SOLUTIONS

A wide range of solutions were proposed by interviewees in the three jurisdictions in response to the many areas of unmet need identified by respondents. For the most part, the proposed solutions are unique to each jurisdiction, reflecting the interaction among the areas of unmet need, the socio-economic situation, the legal system, and the system in place for legal service provision.

Tables 14.1 through 14.3 summarize the proposed solutions across the three jurisdictions and areas of unmet need.

Table 14.1 - Proposed Solutions to Areas of Unmet Need in the Northwest Territories
Area of Unmet Need Proposed Solutions
Circuit Courts
  • Arrange for counsel and CWs to arrive early in community Resident, part-time CWs in all communities.
  • Option for a 2nd counsel on circuit to ease workload
  • Increase the number of Aboriginal representatives in the legal system.
Courtworkers
  • Significant increase in training, resulting in certification for a defined role
  • Uniform minimum standards for new CWs.
  • Institute an automatic initial training period of 4-6 weeks for any new hire
Family and Other Civil Law
  • Explore collaborative approaches (more culturally appropriate and attractive to practitioners)
  • Establish a Family Court
  • Increase the tariff for family law cases and simplify the billing procedures
  • Hire another staff counsel
  • Contract with family law practitioners from outside the N.W.T.
  • Provide services in a less intimidating setting, in collaboration with other agencies
  • Increase PLEI for family law
Prior to first appearance
  • Establish a 1-800 line to reach counsel after hours
  • Explore video-conferencing as an alternative for bail/show cause hearings (in collaboration with other agencies)
  • Increase the use of CWs in bail/show cause hearings (would require additional training)
PLEI Delivery
  • Plain language PLEI materials
  • Oral and in-person communication.
  • Paralegals as PLEI deliverers
  • Basic information sheets attached to charges
Table 14.2 - Proposed Solutions to Areas of Unmet Need in Nunavut
Area of Unmet Need Proposed Solutions
Human and financial resources for general service provision
  • Build existing criminal and family law positions into the core funding formula for the NLSB
  • Establish a mechanism to review the adequacy of staff lawyer positions based on caseloads, legal aid applications, and available private legal aid panel
  • Ensure rough parity of benefits for NLSB lawyers and Crown counsel (including staff housing)
  • Ensure adequate office space for regional legal services clinics
  • Establish and maintain an independent database and communications system for the NLSB
Circuit courts
  • Arrange for counsel to arrive early in community
  • Resident CWs in all communities
  • More full-time CWs
  • Option for a 2nd counsel on circuit to ease workload, discontinuity
Courtworkers
  • Significant increase in training, resulting in certification for a defined role
  • Translators and interpreters in courts
  • Improve infrastructure
  • Ensure that CWs and support staff have salaries and benefits comparable to other public servants in Nunavut
  • Increase number of counsel to focus CWs' role
  • More full-time CWs and CWs in each community
  • A CW Trainer/Administrator
Family and Other Civil Law Establish broader coverage of legal aid services for family law and other civil law areas (including a chargeback mechanism for those who can afford to contribute to legal services)
PLEI delivery
  • Plain language PLEI materials
  • Oral and in-person communication
  • Materials in local languages
  • Improved co-ordination of PLEI activities
  • Training for PLEI providers
  • More funding for PLEI activities
Table 14.3 - Proposed Solutions to Areas of Unmet Need in the Yukon
Area of Unmet Need Proposed Solutions
Circuit courts
  • Arrange for counsel to arrive early in community
  • Resident CWs in all communities
  • Options for a 2nd counsel on circuit to ease workload
Family and Other Civil Law
  • Fund custody, access and support issues to the final order stage/ Establish "storefront" services in combination with YPLEA
  • Establish a co-ordinated Family Court
  • Ensure earlier legal aid intervention in child welfare cases
Courtworkers
  • Significant increase in training, resulting in certification for a defined role
  • Establish a shared vision of CW role
  • Increase co-ordination between CWs and YLSS, without losing CW independence
PLEI delivery