Counsel crunch
Kivalliq needs family lawyers

Darrell Greer
Northern News Services

Rankin Inlet (Nov 10/99) - Too many Kivalliq residents are feeling let down by the absence of family court lawyers in the region, says criminal lawyer Bonnie Tulloch.

The only practising lawyer residing in Kivalliq, Tulloch says the absence of family court lawyers in Kivalliq is becoming a desperate situation.

"Historically, people in the Keewatin come to my office or the courtworkers in Baker Lake or Arviat and we fill out Legal Aid applications for custody, access, all the issues involved with family law," says Tulloch.

Applicants are routinely assigned lawyers from Yellowknife and their consultations done by telephone.

"That's not a very user-friendly approach for our clients.

"Their needs are not being represented properly. My difficulty is I've been appointed by Legal Aid to do criminal law and I would have a conflict if I started doing family law."

There is no shortage of family law applicants in the region, with anywhere from one to 10 applications coming into Legal Aid per week.

Tulloch says western lawyers have been wonderful in terms of at least providing some service, but their efforts just aren't enough for the rising number of clients. She says one tremendous advantage to having a family law lawyer in Kivalliq is that Inuit culture requires the relationship between lawyer and client to be based on trust.

"These barriers can best be overcome by way of a one-on-one meeting, as opposed to speaking to a disembodied voice over the telephone that you never get to meet.

"As a result, you're never quite sure whether your concerns are going to be answered."

Tulloch says those involved in the family court system in Kivalliq -- normal, every day people -- get very frustrated, very quickly.

She says they routinely end up feeling like they're not getting anywhere and give up on the whole process.

"In some cases, they allow the other spouse to simply decide the issue rather than it being decided on its own merits.

"They get tired of the process and don't see the system working.

"They sure don't see any direct representation on their behalf."

Tulloch says her clinic is run by a board of dedicated directors made up of one representative from each Kivalliq community.

The board conducts regular meetings about legal services in Kivalliq and decided the region badly needs a family law lawyer.

As executive director of the board, Tulloch has written a letter to the Department of Justice, Justice Minister Jack Anawak and the Legal Services Board.

"In the letter I set out our position that this was very necessary and very needed.

"The bottom line is everyone in the Keewatin has identified the need.

"That need is great, if not desperate."