SOMBA K'E/YELLOWKNIFE - On busy days in territorial court, the three rows of the public gallery are packed with people awaiting their appearance before the judge.

The fast-paced proceedings can be hard to follow as people shuffle in and out of the courtroom. It's the lawyers who take befuddled accused people aside to explain the legal proceedings and technical terms.

Frequently, people approach the bench with trepidation, without a lawyer.

Often, the judge suggests they consult with the legal aid lawyer assigned for the day who can provide representation to anyone that requires assistance.

On Nov. 24, several people appeared before deputy judge Michel Bourassa and said they'd been told by legal aid they couldn't apply for a lawyer until they entered a guilty or not guilty plea.

One woman said she'd enter her pleas anyway. She pleaded guilty to several charges including resisting arrest, two counts of driving under the influence and operating a vehicle without insurance, a licence, registration or a licence plate.

The occurrence of people who believe they can't get a lawyer until they enter a plea is troubling to some people who assist individuals going through the justice system.

"There is something fundamentally wrong to not allowing someone to review the disclosure materials with someone who is familiar with that stuff," said Lydia Bardak, co-ordinator for the John Howard Society in Yellowknife. The organization's goal is to understand and respond to crime and the criminal justice system.

"Time after time we hear people say, 'legal aid wouldn't take my application because I haven't entered my plea yet,'" she said. "It comes up at court a lot."

She said people should always be aware they're able to consult with a lawyer.

"As many hours as I've sat in a court room, observing, listening with my education, I would not be prepared to enter any plea in anything without talking to a lawyer. Lawyers are the experts in a courtroom."

Lucy Austin, executive director of legal aid in Yellowknife, said there is always a lawyer assigned as "duty counsel" and there are court workers around to tell accused people a lawyer is available.

Austin said she didn't know why people would tell the judge they weren't able to apply for a lawyer and questioned how people ever received that information.

"I think (the system) is actually working fairly well if it's only one or two people in two weeks who actually said that," Austin said. "Some people don't contact legal aid before the day of their first appearance and may be expressing some confusion. There are always other things going on that I can't tell you, behind the scenes, that may mean those representations aren't exactly what that person was told."

She said people can't apply for legal aid until after their first court appearance, but can contact the legal aid lawyer who will be working on the day of their first court appearance.

"They can talk to them before as well but certainly once they go to court, they'll be told (of) the duty counsel (legal aid lawyer)," Austin said.

If a person enters a guilty plea, the legal aid lawyer will usually assist them at the sentencing hearing, she said.

If people enter a not guilty plea, then they apply for legal aid, which will cover all or a portion of the legal costs depending on the applicant's ability to pay.

Bardak said legal counsel should be more accessible to people before their court date.

"When you're charged you already know you need to get legal representation, so you don't need to go to court to get representation," she said.