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) |
Justice Shannon M. Smallwood | 2022-09-23 | Ex-Officio | n/a | Ex-Officio | |
| 2. Member (Designate of the Chief Judge of the Court of Appeal) |
Justice Ritu Khullar | 2022-11-28 | At Pleasure | n/a | Ex-Officio | |
| 3. Member (Chief Judge) |
The Hon. Chief Judge Robert Gorin | 2019-09-19 | Ex-Officio | n/a | Ex-Officio | |
| 4. Member (Law Society) |
Larry Innes | 2024-04-01 | 2028-03-31 | 2nd term | Law Society of the Northwest Territories | |
| 5. Alternate (Law Society) |
Sheldon Toner | 2024-04-01 | 2028-03-31 | 2nd term | Law Society of the Northwest Territories | |
| 6. Member | Colin Baile | 2021-07-08 | 2025-07-07 | 1st term | Commissioner in Executive Council | |
| 7. Member | Michelle Lewis | 2021-07-08 | 2025-07-07 | 1st term | Commissioner in Executive Council | |
| 8. Alternate | Patrick Scott | 2021-07-08 | 2025-07-07 | 1st term | Commissioner in Executive Council |