by Richard Gleeson
Northern News Services

NNSL (Dec 08/97) - The fate of a plan that would make Nunavut's court system unique in Canada is now in the hands of territorial, federal and Nunavut bureaucrats.

The recommendation to unify the Supreme and territorial courts of the new territory flows from a consultation conference hosted by the office of the interim commissioner in mid-November.

Interim commissioner Jack Anawak has written letters dealing with the recommendation to Indian and Northern Affairs Minister Jane Stewart, Nunavut Tunngavik president Jose Kusugak and Premier Don Morin, according to Rebecca Williams, the interim commissioner's director of justice.

As a result, the federal government has extended its deadline for a decision on the change.

"We were hoping for December, but that now looks impossible," said Andy Watt, Northern co-ordinator for the federal Department of Justice. "We're hoping for a decision within the next two months."

A report on the unification issue and other recommendations from the conference is now in the draft stage, said Williams. It will be forwarded to the three parties to the Nunavut Final Agreement on completion.

Watt said Ottawa has identified three main hurdles that need to be cleared if a unified system is to become reality.

1. The court system will have to determine who will handle preliminary enquiries. Under the current system, in the case of serious crimes, a territorial court judge determines if a case warrants a trial. If it does, a Supreme Court justice presides at the trial.

2. There is a mechanism in place under the current system whereby a review of territorial matters can be requested. Supreme Court justices carry out reviews. Would a one-level court have a review process and, if so, how would it function?

3. Adjustments would also have to be made to the appeal process. With a unified court, one step in the process would be removed.

"There was a lot of support (for unification) from the justices of the peace," said Williams. At the conference, it was noted JPs could accept additional responsibilities with additional training.

"It's a good idea," said Chesterfield Inlet JP Andre Tautu. "We were asking for more responsibility because if we in the communities do more that will reduce costs for the courts."

And reduce the amount of time it takes justice to be done, added Taloyoak Mayor Dennis Lyall, who attended the conference.

"It makes sense because we have a long waiting period for trials," said Lyall. "For example, there's a trial in our community right now that's been put off until March."

Such delays, said Lyall, cause unnecessary stress for the accused and their immediate families.

"Things like theft, break and enter and such could certainly be dealt with faster in the communities," he said.

The mayor said he felt those charged should have the choice of being heard by a justice of the peace or a judge.