Topic 1.3: Responsibility and Practice

In Nunavut, lawyers serving through the Legal Services Board (LSB) play a critical role in upholding justice by maintaining high standards of competence, integrity, and professional conduct. They are responsible for guiding and representing clients, protecting their rights, and ensuring fair access to legal services. Whether working in criminal defense, family law, or civil matters, these lawyers are committed to providing culturally responsive and regionally relevant support to Nunavummiut, particularly those most vulnerable in the community.1

Responsibilities of Lawyers

Lawyers in Nunavut, especially those provided by the Legal Services Board (LSB), have several key responsibilities:

  1. Guide Clients: Lawyers help clients navigate the legal system by explaining their options and the relevant processes.
  2. Represent Clients: They may attend court dates on behalf of clients, argue cases, and negotiate settlements.
  3. Maintain Confidentiality: Lawyers must keep client information confidential, sharing details only in specific legal circumstances.
  4. Provide Legal Advice: Legal Aid lawyers are allowed to give general legal advice about common legal questions.

Legal Aid services in Nunavut are free of charge, funded by the Government of Nunavut and the Department of Justice. Staff lawyers operate out of three regional clinics: Maliiganik Tukisiniarvik Legal Services in Iqaluit, Kivalliq Legal Services in Rankin Inlet, and the Kitikmeot Law Centre in Cambridge Bay.

The LSB supports 16 criminal lawyers, 6 family lawyers, and 2 civil/poverty lawyers, with additional support from panel lawyers who are contracted to provide legal assistance. These panel lawyers work across criminal, family, and civil law.2

Inuit Court Worker Program

A fundamental component of the LSB’s successful service delivery is the support of the Inuit Court Worker Program. In 2018-2019, there were 21 court workers employed across most communities in Nunavut. While these workers are technically employed by regional clinics, they are funded through the LSB.

Court workers are based both in larger clinics and smaller hamlets across the territory, providing a wide range of services that help ensure access to justice. Their main responsibilities include:

Supporting Circuit Lawyers: Court workers help circuit lawyers by offering translation services and supporting both clients and witnesses.
Managing Legal Aid Applications: They play a crucial role in coordinating legal aid applications within the community.
Preparing Clients for Court: Court workers help clients get ready for court, from understanding procedures to facilitating meetings between clients and witnesses.
Promoting Access to Justice: They also work on public legal education initiatives, helping communities better understand the legal system.
Bridging Communication: Court workers connect clients to the justice system and help lawyers better understand the cultural context of the communities they serve.

Like other roles within the LSB, court workers face challenges related to high demand and limited resources. Their involvement is critical in every legal aid case, and their contributions are essential to the daily operations of the LSB, particularly in Iqaluit, Rankin Inlet, and Cambridge Bay, where court workers regularly offer vital support.

In recent years, there has been a recognized need to improve the program by providing more training, mentoring, and professional development for court workers. The LSB is committed to ensuring that court workers have the resources they need, including safe and supportive working conditions. In 2019, court workers participated in a national meeting aimed at improving training standards and sharing best practices across the country.2

The Practice of Legal Aid

Legal aid services in Nunavut are provided by the Legal Services Board (LSB) to those who meet specific financial eligibility criteria. These services cover a wide range of legal matters, including:

Criminal Defense: Representation for individuals charged with crimes.
Child Representation & Protection: Legal support in family law cases and child protection matters.
Civil/Poverty Law: Assistance with housing disputes, employment issues, human rights violations, poverty-related concerns, and sometimes Coroner’s Inquests.

Eligibility for legal aid is based on a Board-approved income scale, detailed in the accompanying chart.2 Individuals receiving income support are automatically eligible for LSB’s services.

LSB is dedicated to providing professional and culturally sensitive legal representation, especially to those most vulnerable—such as individuals facing criminal charges, children, and families involved in child protection cases. The Board ensures that the quality of legal services in Nunavut matches or exceeds the standards found in other Canadian jurisdictions, especially considering the territory’s unique geographical, cultural, and legal challenges.

LSB’s approach is guided by important principles that ensure legal services are available to all communities in Nunavut. They provide language support to help clients fully understand and participate in their legal matters. Additionally, LSB prioritizes the recruitment, training, and support of Inuit staff to ensure that services are both regionally relevant and culturally responsive.

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