Court to decide on legal aid for rights complainants
GNWT appealed decision by human rights panel granting lawyers to those filing rights complaints
Shane Magee
Northern News Services
Friday, October 7, 2016
SOMBA K'E/YELLOWKNIFE
A supreme court judge will decide whether those who file human rights complaints should be eligible to receive legal aid lawyers to assist them.
As is, those who are filing complaints alleging their human rights were violated or were not properly accommodated are not eligible for legal aid. Legal aid is provided to people facing the NWT court system who meet certain criteria, including low income.
The case is a challenge by the territorial government of a ruling earlier this year by a member of the Northwest Territories Human Rights Adjudication Panel.
The case began when GNWT worker Elizabeth Portman filed a human rights complaint against her employer. As part of the process, she applied for legal aid. She was denied. She appealed and was denied again. In 2012, she filed a complaint about the denial of legal aid to the NWT Human Rights Commission.
The claim was initially dismissed. She appealed to the adjudication panel which sided with Portman, ordering the GNWT to consider her application for legal aid and end the blanket ban on funding legal aid for human rights cases.
The GNWT appealed to the court over the panel's decision. It argued the adjudicator overstepped his jurisdiction, made errors in assessing the case and erred in finding legal aid should be provided, among other reasons.
The government sought to have the adjudicator's order overturning the aid ban set aside - or stayed - until the overall appeal is decided.
Justice Karan Shaner's decision on that aspect of the case issued Oct. 3 agreed with the GNWT's position.
"I find that irreparable harm is likely to result if a stay is not granted but the appeal is ultimately successful," Shaner wrote in her decision.
She agreed the legal aid system could be put in a position where it begins taking on clients but then, should the larger appeal of the decision prove successful, have clients that are no longer able to use legal aid.
The judge noted it "could also leave those who might be improperly approved with the benefit of assistance to finish what was started and it would require legal counsel who are 'on the record' in a human rights complaint to (then) expend time and money required to withdraw from the case."
With the decision, those filing human rights complaints won't have access to legal aid pending the outcome of the larger case. It's not clear when that case will be resolved.
The adjudicator's decision issued earlier this year was initially another success for Portman, who has filed a number of human rights complaints, including ones against the GNWT, Union of Northern Workers, legislative assembly and City of Yellowknife.
Denise McKee, executive director of the NWT Disabilities Council, stated in an e-mail she couldn't comment on the legal aspects of the case but said any barriers to accessing justice should be reduced.
She pointed out about half of those who file human rights complaints have a disability, which means "any barriers to this group will have a significant impact on a person's ability to file a complaint and see it through the entire process," McKee wrote. "Therefore easier access, to successfully address human rights violations, should be put in place to help counter these systemic barriers. This of course would include access to legal representation."
