Backgrounder

The Nunavut Court of Justice

On October 22 1998, Anne McLellan, Minister of Justice and Attorney General of Canada, introduced legislation in the House of Commons that will create a single-level trial court in Nunavut.

Background

The Interim Commissioner for Nunavut is responsible for establishing an operational government, including a territorial court system, by April 1, 1999. Without further amendment, the Nunavut Act would duplicate the current two-level court structure of the Northwest Territories, with both a Territorial Court and a Supreme Court. The creation of a new jurisdiction like Nunavut presents a unique opportunity to establish a new, simpler court structure that is more responsive to local needs.

Unique needs of Nunavut

Nunavut’s demographics, climate and geography present a challenge for the courts. There are approximately 26 000 people in Nunavut living among Iqaluit and twenty-five widely-dispersed small communities. Although some communities have local justices of the peace, Iqaluit is currently the only community with a resident Territorial Court judge. In all other communities, judges, lawyers and court staff must fly in to hold court sittings. As neither the Supreme Court nor the Territorial Court hears all matters under the current structure, the two separate levels of court fly in and out of the communities at different times to deliver justice services. This increases the costs and delays inherent in the justice system.

Consultations on Court Structure

The Interim Commissioner and the parties to the Nunavut Political Accord (Nunavut Tunngavik Inc., which is the corporate representative of the Inuit people of Nunavut; the Government of the Northwest Territories; and the Minister of Indian Affairs and Northern Development) asked the Minister of Justice to introduce legislation to create a single-level trial court structure to be in place when Nunavut becomes a territory.

A general consensus emerged from two years of consultations that Nunavut would be best served by such a court structure rather than by the current two-level court structure in the Northwest Territories.

Community representatives and members of the legal community in Nunavut also support a single-level trial court structure for Nunavut.

The Single-Level Trial Court

The Nunavut Court of Justice will combine the jurisdiction of the Territorial and Supreme Courts and, consequently, will deal with all matters formerly handled by those courts. The resulting single-level trial court must be a superior court and, as is the case for all superior court judges in the provinces and territories, the federal government will appoint the judges and has committed to consulting all concerned parties prior to judicial appointments.

All judges serving Nunavut will be members of one court, and will have complete authority to hear all matters on the court docket. In a single visit to a community, the judges will be able to deal with both minor and major criminal offences, as well as divorce matters and disputes over money and property. This more efficient arrangement could potentially reduce delays through the simplification of court administration, scheduling and travel.

Nunavut will be able to strengthen the role of local Justices of the Peace within the single-level trial court system. While this legislation will not increase the legal jurisdiction of Justices of the Peace, there is potential to increase their capacity within that jurisdiction. Greater responsibility for Justices of the Peace would only happen over time, however, and with the provision of adequate support, including legal training and training on gender equity issues.

The single-level trial court will be operational when Nunavut becomes a territory on April 1, 1999.

Communications and Executive Services Branch
Department of Justice
October 20, 1998