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Judicial Council for Territorial Judges

Overview

Function

The Judicial Council for Territorial Judges reviews and investigates allegations made against a territorial court judge. The Judicial Council may refer the complaint to the Chief Judge, a mediator, or hold a hearing. 

Jurisdiction

Government of the Northwest Territories

Department Responsible

Department of Justice

Authority

Territorial Court Act (NWT)

Board Composition

Members include a judge of the Court of Appeal; the senior judge of the Supreme Court; the Chief Judge; one appointed by the Law Society; and two appointed by the Commissioner in Executive Council who are neither judges nor members or former members of a law society in Canada.

Alternate Members

There can be five alternate members.

Chairperson

The Chairperson is the senior judge of the Supreme Court or, where circumstances requires, the next most senior judge of the Supreme Court.

Vice-Chairperson

There is no Vice-Chairperson.

Quorum

Quorum is four members, including two members who are judges and two members who are not.

Appointment Instrument

Members are appointed by the respective appointing authority under section 31 of the Territorial Court Act (NWT).

Term Duration

A member holds office for a term of four years. Ex-officio members hold office during good behaviour.

Time and Travel Requirements

Minimal time and travel required as the Council only convenes if there is a formal complaint made against a territorial judge.

Remuneration

Historically, members have not received any remuneration for serving on the Judicial Council for territorial judges.

Other Considerations

Members appointed by the Law Society of the Northwest Territories or the Commissioner in Executive Council may not be an employee in the public service.

If a member of the Council becomes an employee in the public service during his or her appointment, membership is revoked.

The Act requires that in making appointments to the Council, consideration shall be given to the diversity of the population and the gender balance of the Territories.

Current Membership

Position Appointee Term Start Term Expiry Number of Terms Appointed By Nominating Authority
1. Chair
(Senior Judge of the Supreme Court)
The Hon. Justice L.A. Charbonneau 2015-05-01 Ex-Officio n/a Ex-Officio
2. Member
(Judge of the Court of Appeal)
The Hon. Chief Justice Catherine Fraser 2009-01-01 Ex-Officio n/a Ex-Officio
3. Member
(Chief Judge)
The Hon. Chief Judge Christine Gagnon 2014-09-18 Ex-Officio n/a Ex-Officio
4. Member
(Law Society)
Andrew Fox 2016-04-19 2020-04-18 2nd term Law Society of the Northwest Territories
5. Alternate
(Law Society)
(Vacant - 4 year term) Law Society of the Northwest Territories
6. Member Danny Yakelaya 2017-06-29 2021-06-28 5th term Commissioner in Executive Council
7. Member Shirley Lamalice 2017-06-29 2021-06-28 5th term Commissioner in Executive Council
8. Alternate Anthony (Tony) Whitford 2017-06-29 2021-06-28 2nd term Commissioner in Executive Council

(Board details as of Aug 17, 2019)