by P.J. Harston
Northern News Services

NNSL (Jan 24/97) - The senior justice of the NWT Supreme Court says it's not fair to say holding the Court of Appeal in Edmonton is unusual, but he agrees it is convenient.

And both he and the Chief Justice of the NWT Court of Appeal say electronic courtrooms could be another step in the same direction.

Supreme Court Justice Ted Richard said last week that an article in Yellowknifer about the Edmonton sitting this week wasn't altogether accurate -- technically the court is sitting simultaneously in Yellowknife and in Edmonton.

But Richard also said that historically the court sat in Edmonton and Calgary quite frequently and as early as a decade ago it only sat in the North once a year.

"In practice, up until eight or nine years ago, the bulk of appeals were held in Alberta," said Richard.

` "In the 60s, 70s and right up until the early 1980s the court was only sitting in Yellowknife once a year."

Richard said case loads grew increasingly larger and in the mid-1980s the court made a conscious decision to change its philosophy on venues.

Now four sittings a year take place in Yellowknife and additional sittings can be arranged.

As well, the court has sat in at least once in Inuvik and Iqaluit within recent memory.

"But from time to time each year the court will hear a case -- usually a very short case -- in Calgary or Edmonton," said Richard.

Chief Justice Catherine Fraser agreed. In a brief interview last week she said that the court's philosophy is still aimed at holding most sittings in the North.

"The legislation with respect to the court allows it to sit in Alberta or in the Northwest Territories. However it generally sits in Yellowknife," said Fraser.

This week's Edmonton cases were expected to be brief appearances by convicts being held in federal institutions who have preliminary matters to deal with before the court.

"Substantive cases will generally be heard during a sitting of the court in the Northwest Territories," said Fraser.

However, the court is also looking at video-conferencing technology for future use, a cost- and time-saving measure that both Fraser and Richard believe is worth taking a look at.

"There are other courts that are using video-conferencing and technology. In fact, the Supreme Court of Canada has used it," said Fraser.

Richard said that he has been investigating its use and believes there will be merit to having Northern courts join the electronic age, but he's not sure how far they can go with it yet.

"Legally, we don't really know to what extent it can be used ... we may need an amendment to the Criminal Code to use it in some instances, and that will take some time to investigate," said Richard.