Law Society of the Northwest Territories

WEEKLY BULLETIN

Watch this bulletin for CBA-NT updates and events.

Membership Renewals

Members are reminded that annual membership renewal documents and fees are due on March 31, 2010.

Reminders have been sent to all outstanding members.

You will find all necessary forms and information on the Law Society website:
www.lawsociety.nt.ca
/membership/renewals.html

The Law Society
of the Northwest Territories
Main Floor; 5004 - 50th Avenue
P.O. Box 1298
Yellowknife, NT
X1A 2N9

TEL: (867) 873-3828
FAX: (867) 873-6344

CONTENTS:

1. NOTICE: Access to the Courthouse Library
2. NWT COURTS: Schedule Notice
3. SCNWT: Practice Directions
4. NWT COURTS: Increase to Territorial Court Civil Jurisdiction
5. UPCOMING MEETINGS
6. LUNCH & LEARN SEMINARS
7. NATIONAL CPD OPPORTUNITIES

IMPORTANT NOTICE
Access to the Courthouse Library

Members are reminded that, outside of the Courthouse's hours of operation, access to the M.M. de Weerdt Law Library at the Yellowknife Courthouse is strictly limited to members of the Law Society of the Northwest Territories. Be advised that the Law Library is not to be used as a venue for meeting with clients.

Also, members are reminded that access to the Barristers' Lounge is strictly limited to members at all times. Clients, witnesses and other persons who are not members of the Law Society of the Northwest Territories are prohibited from entering this area.

For those seeking a venue to meet with clients, interview rooms are available at the Courthouse. Likewise, the Law Society Boardroom is available for use by all members on a first come, first serve basis.

NWT COURTS
Schedule Notice

Supreme Court Civil Chambers, scheduled for 10:00am on Friday, April 2, 2010, will be held at 2:00pm on Thursday, April 1, 2010.

Family and PAFVA chambers will be held at 10:00am on Thursday, April 1, 2010.

Criminal Chambers scheduled for Monday April 4, 2010 will be held on Tuesday, April 5, 2010 @ 10:00am.

SUPREME COURT OF THE NWT
Practice Directions

Practice Directions from the NWT Courts can be found at the following website:
http://www.nwtcourts.ca/Registry/ndd.htm

ACKNOWLEDGMENT BY SURETY

Part 4 of the Criminal Procedure Rules of the Supreme Court sets out certain requirements with respect to applications for judicial interim release and bail reviews. In particular, Rule 32(2)(b) stipulates that, on an application for release by an accused, the application should be accompanied by, where practicable to do so, an affidavit of each person proposed to serve as a surety disclosing that person's willingness to serve and the amount for which that person is to be liable.

In many, if not most cases, such an affidavit is not provided and the court must rely on counsel's representations or the accused's evidence only. And there is usually little if any information provided as to the surety's understanding of the obligations and potential liabilities in being a surety.

Therefore, the judges of the Supreme Court hereby direct that in all applications for judicial interim release, including any request for release at a 30 or 90 day bail review, if a surety is proposed, the intended surety must sign the "Acknowledgment by Surety" form appended hereto as Form "A". The signed form can be presented at the hearing or it can be signed by the surety at the time the release document is signed. The original of the signed form shall be kept on the court file.

If counsel present an affidavit from the proposed surety at the hearing, the form can be annexed to the affidavit as an exhibit.

MANDATORY PRE-TRIAL CASE MANAGEMENT IN FAMILY CASES

In the interest of effectively and efficiently dealing with family cases coming to trial, the judges of the Supreme Court are implementing a requirement for a case management meeting for every family case when a certificate of readiness for trial is filed. Prior to obtaining a trial date, counsel will be required to attend a case management meeting.

The meeting may be in the form of a settlement -oriented conference with a view to settlement of all or some of the issues. The phrase "settlement-oriented conference" includes the different varieties of such conferences, whether it be judicial mediation or a request for a non-binding opinion, that have as the aim the resolution of all or some of the issues in dispute. In such cases, it will normally be expected that the clients will be present or at least counsel will have instructions on potential settlement. Counsel will also be expected to file settlement briefs, outlining the issues and the positions of the parties, prior to such a meeting. The meeting may, on the other hand, be simply a meeting to organize the trial. But, in any and every case, a meeting will be held prior to setting the trial date.

This requirement applies as well in a case with a self-represented litigant, although in such case the conference will have a more formal structure and be on the record.

Henceforth, when counsel are Submitting a certificate of readiness, in addition to the information required in the certificate, counsel must also:
(a) provide available dates for a case management meeting;
(b) indicate the type of case management meeting contemplated by counsel; and,
(c) indicate whether the parties will be present in person at such meeting.

For general guidance on the court's case management practices, counsel are referred to the two Notices to the Profession on the subject issued in 1996 and 1999.

This Practice Direction takes effect as of April 1, 2010.

NWT COURTS
Increase to Territorial Court Civil Jurisdiction

An increase to the Territorial Court civil jurisdiction from $10,000 to $25,000 is being considered.

Increasing the civil jurisdiction would be consistent with what is happening in Western Canada, where the monetary limits in provincial and territorial courts currently range from $20,000 to $25,000.

It is expected that this change will assist the public by providing an inexpensive and efficient mechanism for resolving civil disputes up to $25,000.

Members are encouraged to forward any comments regarding this increase to Anne Mould, Director of Court Services, at anne_mould@gov.nt.ca or by phone at 920-8852. Comments will be received until March 31, 2010.

UPCOMING MEETINGS

LUNCH & LEARN SEMINARS

NATIONAL CPD OPPORTUNITIES

All members are encouraged to participate in online events by CBA National. Please visit the CBA links provided for details. CBA-NT Members are invited to the Law Society Boardroom to participate in select online events provided by the CBA and CBA-BC. Please register by the dates listed below.