thirty-ninth...thirty-ninth annual general meeting saturday, december 3, 2016 9:00 am quality inn...

THIRTY-NINTH ANNUAL GENERAL MEETING

AGENDA & MATERIALS

THIRTY-NINTH ANNUAL GENERAL MEETING Saturday, December 3, 2016

9:00 AM

Quality Inn and Suites - Copper Room

5010-49th Street, Yellowknife, Northwest Territories

TRAVEL SUBSIDY Travel subsidies of $300.00 per member are available to assist resident members outside of the

general Yellowknife area in attending the 39th Annual General Meeting of the Law Society of

the Northwest Territories. To receive this allowance, subsidy forms must be signed and

returned to the Law Society staff at the Annual General Meeting. Forms are available at the

Meeting.

MOTIONS To assist in the accurate recording of motions and to ensure that members are aware of the

substance of those motions, motion sheets are available at the Law Society office, online

(www.lawsociety.nt.ca), and at the Annual General Meeting. Please follow the instructions for

completion. Completed motions will be retained by the Law Society.

THIS DOCUMENT This annual report contains modified versions of all submitted reports and documents.

Although aesthetic formatting and grammatical corrections have been made to the reports, the

substance of each report and the context in which they were written has not been changed.

Original reports and other materials, as submitted, are available on request.

Law Society of the Northwest Territories 39th Annual General Meeting December 3, 2016

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http://www.lawsociety.nt.ca/data/public/forms/LSNT_Form-9-2_Application-LLPPermit-NonNWT.pdf

AGENDA

1. Call to Order

2. Approval of the Agenda (D)

3. Meeting Notice and Verification [Legal Profession Act, Section 10(2)]

4. Approval of the Minutes (D) 38th Annual General Meeting

- December 5, 2015

5. Business Arising from the Minutes

6. President’s Report (D) [Legal Profession Act, Section 10(3)]

7. Treasurer’s Report (D) [Legal Profession Act, Section 12]

8. Acceptance of the

2015 Auditor’s Report (D)

9. Appointment of Auditors- results of

RFP (D)

10. Executive Director’s Report

11. Committee Reports

(and Business Arising) (D) Admissions

Continuing Professional Development

Discipline

Insurance

Legal Ethics & Practice

Social

Access to Justice

Rules

Presentation of Rule Changes

12. External Reports Legal Aid Commission

Report on the Federation of Law Societies

Report on the Law Foundation of the

Northwest Territories

Supreme Court Criminal Bench and Bar

Supreme Court Civil Bench and Bar

13. Other Business

14. Adjournment & Next Meeting

[Legal Profession Act, Section 9(1)]

(D) indicates a decision item


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NOTICE

ELECTION and ANNUAL GENERAL MEETING

TAKE NOTICE THAT an election of members to the Executive of the Law Society of the Northwest Territories will be held on Friday, December 2th, 2016 pursuant to the Legal Profession Act and the Rules of the Law Society of the Northwest Territories.

* * * * * * * * * * * * * * * * * * * * AND FURTHER TAKE NOTICE THAT the Thirty-Ninth Annual General Meeting of the Law Society of the Northwest Territories will be held on Saturday, December 3th, 2016 commencing at 9:00 am, in the Copper Room of the Quality Inn and Suites, 5010-49th Street, Yellowknife, Northwest Territories. The Annual General Meeting shall be immediately followed by a meeting of the present and newly elected members of the Executive. DATED at Yellowknife, Northwest Territories, this 14th day of October, 2016.

Donna Allen Executive Director (Deputy Secretary-Treasurer)


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MINUTES Law Society of the Northwest Territories

Annual General Meeting

December 5, 2015

Janvier Room, Explorer Hotel

ATTENDANCE:

Alan Denroche Heather Chang Ian Rennie Glenn Tait Geoffrey Weist Jeannette Savoie Susan McKinney Karen Wilford Karen Lajoie Cayley Thomas Susanne Boucher

Scott Duke Edward Gullberg Margo Nightingale Shannon Cumming Judy Brunet Dana Webster Malinda Kellett Kelly McLaughlin Jeremy Walsh Sandra Aitken Tom Boyd

Chris Buchanan Mark Aitken Doug McNiven Elaine Keenan Bengts Glen Rutland Caroline Wawzonek Sarah Kay Cherie Jarock Donna Allen Liz Jackson Bob Wilson

Call To Order:

President Margo Nightingale called the meeting to order at 9:05 am and

welcomed everyone to the meeting.

Approval of the Agenda:

The agenda was amended to include a verbal report from the Insurance Committee.

MOVED BY: Glenn TAIT

SECONDED BY: Scott DUKE

THAT the Agenda be approved as amended.

CARRIED


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Meeting Notice:

The meeting received the information confirming Notice of the Meeting from the

Executive Director.

Election of Executive:

There was no election scheduled for this year. The Executive Committee is:

Shannon Cumming, President

Glen Rutland, Vice President

Karen Wilford, Treasurer

Susan McKinney, Secretary

Margo Nightingale, Member

at Large

Heather Chang, Lay Member

Sheila McPherson, FLSC

Representative

Approval of the Minutes:

MOVED BY: Kelly MCLAUGHLIN

SECONDED BY: Sandy AITKEN

THAT the Minutes of the 37h Annual General Meeting of December 6,

2014, be approved as presented.

CARRIED

Business Arising From the Minutes:

None

President’s Report:

The Report of the President was received by the meeting.

It was then:

MOVED BY: Karen WILFORD

SECONDED BY: Malinda KELLETT

THAT the President’s Report be adopted as presented.

CARRIED

Treasurer’s Report:

The Report of the Treasurer was received by the meeting. It was then:


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SECONDED BY: Scott DUKE

THAT the Treasurer’s Report be adopted as presented.

CARRIED

Acceptance of the 2014 Auditor’s Report

The audited financial statements of the Law Society of the NWT for the year ending

December 31, 2014 as prepared by Crowe MacKay LLP were received by the meeting. It

was then:


SECONDED BY: Glenn TAIT

THAT the Audited Financial Statement for the year ending December 31, 2014 be

adopted as presented.

CARRIED

Appointment of Auditors

Glenn Tait suggested that in future we ask for proposals from other accounting

firms, not because Crowe MacKay were in any way deficient, but for due

diligence.

It was then:


SECONDED BY: Glenn TAIT

THAT Crowe MacKay LLP be appointed as auditors for the Law Society of the

Northwest Territories for the year ending December 31, 2016.

CARRIED


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Executive Director’s Report

The Report of the Executive Director was received as information.

Committee Reports

The following Committee Reports were received by the meeting:

Admissions- Need for national standards

Continuing Professional Development

Discipline- Spoke to need for ethics credits- need for new members becoming

critical-Admissions standards affects discipline

Legal Ethics and Practice

Social

Rules

Insurance (added)-Susanne Boucher- Brief verbal report

Having all of the Committee reports presented, it was then:

MOVED BY: Susan MCKINNEY

SECONDED BY: Karen LAJOIE

THAT all Committee reports be accepted as presented.

CARRIED

External Reports

Court Library

Legal Aid Commission

Report on the Federation of Law Societies

Access to Justice

Territorial Criminal Bench and Bar.

Report of the Law Foundation of the NWT


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Other Business

A motion was introduced as Other Business.

Whereas the policies that established and promulgated the Indian Residential School

system were established within Canada’s legitimate political system with the advice and

direction of the legal profession in Canada;

Whereas the Law Society of the Northwest Territories acknowledges the profession’s role

in the commission of cultural genocide against those individuals, families and

communities affected by the Indian Residential School system, historically and today in

the North;

Whereas the Law Society of the Northwest Territories acknowledges an obligation to take

active steps to educate itself and its members about the impact of the Indian Residential

School system and to take other steps towards reconciliation in response to the Truth and

Reconciliation Commission’s Calls to Action;

It is therefore moved that the Law Society of the Northwest Territories establish a

working group to be composed of representatives from the Law Society, its membership

and the broader community which will be tasked with a review of the Truth and

Reconciliation Report and to recommend to the Executive a proposal for Acts of

Reconciliation to be held on June 20, 2016, and any other proposed responses or actions.

There was discussion of the Motion, and amendments were introduced. The amended

motion was:


SECONDED BY: Cayley THOMAS

THAT the motion be passed as amended.

CARRIED

Comments from the floor indicated that the Motion as passed did not accurately reflect

the proposed amendments. It was therefore:



THAT the motion be rescinded.

CARRIED


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The amended motion was then re-introduced with the proper wording:

Whereas the policies that established and promulgated the Indian Residential School

system were established within Canada’s legitimate political system with the advice and

direction of the legal profession in Canada;

Whereas the Law Society of the Northwest Territories acknowledges an obligation to take

active steps to educate itself and its members about the impact of the Indian Residential

School system and to take other steps towards reconciliation in response to the Truth and

Reconciliation Commission’s Calls to Action;

It is therefore moved that the Law Society of the Northwest Territories establish a

working group which shall be tasked with a review of the Truth and Reconciliation

Report and to make recommendations to the Executive and membership for a response to

the Calls to Action of the TRC on or before June 20, 2016.



THAT the motion be passed as amended.

CARRIED

There being no further business of the meeting, it was adjourned. 10:36am.

MOVED BY- Karen LAJOIE

SECONDED BY- Kelly MCLACHLAN

THAT the meeting be adjourned.

CARRIED


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PRESIDENT’S REPORT Shannon Cumming

I am pleased to report on the activities of the Law Society over the past year

– a year in which our Law Society had a full complement of staff, an

engaged and collaborative Executive, and a host of important issues to

address. Though we are a small jurisdiction, we have become very effective

in bringing a collective voice forward at the local, territorial and national level. All of this

has been made possible by the extraordinary teamwork shown by the Executive, our staff,

and our partners at the CBA-NWT Branch. To all of you, I extend my profound gratitude

for all that you have done to serve the people of the Northwest Territories. You have

made a difference, and that is something that should be acknowledged and honoured.

One of the first activities of the new Executive involved addressing the terrible legacy of

residential schools in the Northwest Territories. The 2015 report of the Truth and

Reconciliation Commission (TRC) contained “calls to action” to address this legacy and

seek a path to reconciliation with indigenous peoples. A resolution at the December 2015

Annual General Meeting called for a working group to review the TRC report and make

recommendations on a response. Over the next few months, the working group, chaired

by Karen Wilford, worked on a recommended response. The working group’s

recommendations were shared with the membership and considered by the Executive

and, on June 21st, 2016 (National Aboriginal Day), I delivered a response to the TRC calls

to action at a community event at Somba’a K’e Park in Yellowknife. The statement was

well received by indigenous government representatives and the public.

The Law Society was also very active on this issue at the national level, leading the

discussions on a response to the TRC report and chairing a working group to make

recommendations on a potential response from the FLSC. In June, a delegation from the

NWT Law Society participated in a Benchers’ meeting in Penticton, BC to discuss BC’s

efforts to advance the issue. I am thankful for my Executive colleagues’ leadership on this

issue, and I want to acknowledge working group chair Karen Wilford and her working

group members for their thoughtful deliberations and recommendations on the path

toward reconciliation.

The closure of the Justice M.M de Weerdt law library was a significant event over the

past year. The Law Society communicated our concerns to the Minister of Justice, the

Hon. Louis Sebert. Minister Sebert has tasked senior officials in the Department of


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Justice to establish a working group to consider options for ongoing delivery of services

to the profession and the public. I am hopeful that this ongoing work will give

assurances to our membership and the public that the services traditionally delivered

by a bricks and mortar law library can be delivered in a modern context. The current

fiscal realities in the Northwest Territories will continue to pose a challenge for

maintaining levels of service, and it will be important for the profession to continue to

work with colleagues at Justice to seek creative solutions to address these realities.

Our relationship with the CBA-NWT branch changed in the previous year with the

decision to no longer share the same Executive Director and support staff. While these

changes have been implemented, I am pleased with the ongoing level of cooperation

between the Law Society and CBA-NWT branch. We continue to look to the CBA-NWT

branch to deliver professional development opportunities, and the branch continues to

deliver on its mandate.

The CBA-NWT branch has also been incredibly helpful in working with the Law

Society on joint initiatives such as last fall’s visit by Mr. Justice Clément Gascon of the

Supreme Court of Canada and his spouse, the Hon. Marie Michelle Lavigne, a judge of

the Court of Québec. I am grateful to past President Tricia Ralph and President Nick

Leeson for their hard work to make the dignitaries’ visit such a remarkable weekend. I

would be remiss if I did not acknowledge Department of Justice representatives –

Assistant Deputy Ministers Mark Aitken and Charlene Doolittle, along with Justice

legal counsel Karen Lajoie and Sarah Kay (apologies to anyone I may have missed) – for

their assistance in putting together an incredible presentation for our honoured guests

on the carvings from the Sissons collection. The carvings, and the stories they told about

the interaction between indigenous models of justice and the Euro-Canadian model,

provided some profound context for reflection on how justice has been perceived,

delivered and shaped in the North.

We have always looked to our volunteer-based committees to support our work. We

have developed terms of reference to help manage this critical work and look forward

to implementing them.

I spoke earlier about our efforts on the national stage, and in this regard, I am especially

pleased that our governance work at the national level is in very good hands: Sheila

McPherson, previously the second Vice-President of the FLSC, is now first Vice-

President. In 2017, she will take on the role of President. Joining her at Council table will

be Karen Wilford, our incoming Council representative. Having worked with both

Sheila and Karen at the national level, I have no doubt that they will serve in their new


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capacities with distinction. Their ability to project “soft power” in the complex

governance environment that is the FLSC will ensure that the North will continue to be

a strong and influential voice on the national landscape. That is only fitting, after all, as

I have always believed that the North is a truly special place. We are fortunate to have

such strong representatives on the FLSC, and I thank them for their support. I look

forward to great things from them.

Though we are small in numbers in comparison to our counterparts in other

jurisdictions, I have marveled at the ability of my colleagues to elevate the level of

discussion, no matter how large the room or how complex the issue. Working together,

we strived to ensure that the leadership and governance roles we undertook were

mindful of our obligations as regulators and respectful of our duty to serve the public

interest. I extend to the Executive and staff – Donna Allen, Bob Wilson and Liz Jackson

– my deepest thanks for their dedication and service.

Lastly, I want to say something about the importance of diversity in the legal

profession: to my knowledge, there has never been an indigenous person who served as

president of a law society in any jurisdiction in Canada – until now. The Northwest

Territories has been remarkable, in its typically low-key way, of having a legal

profession that is inclusive, diverse and innovative. I would encourage the coming

leadership to continue to seek pathways for inclusiveness in the profession, to celebrate

diversity as our strength, not our barrier, and to continue to provide leadership to the

profession at all levels. After all, this is how we do things in the North.

Mahsi Cho – thank you, and I wish you all the best.

MOVED BY Karen Wilford

SECONDED BY

THAT the President’s Report be accepted as presented.


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TREASURER’S REPORT Karen Wilford

WORK OF THE FINANCE COMMITTEE

The members of the Finance Committee for 2016 were Alain Chiasson, Geoff Weist, and

Karen Wilford, Treasurer. Over the course of 2016 the Committee met in person on 6

occasions and by telephone and email as required. The following are the main items of

business conducted by the Finance Committee:

Request for Proposal for LSNT Audit services

Restructuring of investments

Preparation of 2016 budget for review and approval by Executive

Preparation of 2017 budget for review and approval by Executive

Oversight and advice on ad hoc financial issues (simplification of chart of

accounts, adjustments to structure of accounts and investments

2015 AUDITED FINANCIAL STATEMENTS

The audited Financial Statements for 2015 for all accounts are attached. Questions and

commentary are welcome.

2016 YEAR TO DATE INCOME STATEMENT AND BUDGET

Also attached is a year to date Income Statement showing net income of just over

$97,000.00 as of October 31, 2016. Significant expenses that will be incurred before year

end are our liability insurance premium, costs associated with the AGM, payments for

web design work and the Christmas party.

We are on track for a modest deficit for 2016. This is not unexpected, given the

Executive’s approval of the design of a new web site. There are significant reserves from

prior year surpluses which render a small deficit immaterial.

2016 YEAR TO DATE BALANCE SHEET

The only changes to the balance sheet reflect changes in market value of investments. In

consultation with CIBC and RBC during this past year, monies have been moved into

investment vehicles which will generate significantly more interest income in the years

ahead. All investments are consistent with our conservative investment guidelines. We

now have a more proactive relationship with the managers of our funds and we have

already observed a positive impact on income.


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Each of the assurance fund, liability fund and discipline reserve fund show balances in

excess of those reported on the 2015 Financial Statement. Unclaimed trust funds

continue to be managed as in previous years, with a current balance of approximately

$9470.00

CHART OF ACCOUNTS

I would like to express particular appreciation to Donna Allen who, in consultation

with our bookkeeping service, has created a chart of accounts that allows better co-

ordination with our audit, breaks out various funds and has given the Executive the

ability to more easily track the financial picture.

2017 BUDGET

In contrast to previous years, the Finance Committee began budget considerations prior

to the end of the current year so that the membership can be apprised of the thinking at

the Annual General Meeting.

In last year’s report, I stated: “Looking ahead, there are some financial realities of which

members should be aware. We have increased staff costs going forward. In addition we

are contracting out some of our bookkeeping functions to Office Complements. On the

revenue side, we no longer have the contribution from the Canadian Bar Association.”

Added to those realities is the decreased ability of the Law Foundation to fully fund

Canlii.

In addition, the Executive has committed to supporting the holding of the Intensive

Trial Advocacy Program in the fall of 2017. The value of investment in this well-

respected opportunity for experiential learning is significant for our membership.

In order to balance the budget, given the above, the Executive has approved a 1.5%

increase in membership fees for the 2017-2018 membership year. This translates to an

increase of approximately $20.00 for regular members.

APPOINTMENT OF AUDITOR FOR 2016

The RFP process for audit services was conducted over the summer and a review

committee met August 19, 2016 to consider and screen the three proposals against the

requirements of the RFP. The following is excerpted from the Minutes of the review

meeting:

“The Committee recommends to the Executive (and ultimately to the membership as a

whole at the next AGM) that Crowe Mackay be appointed as auditor for the current


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year, with the expectation that this recommendation will continue for 2 further years, in

accordance with the RFP.”

In my capacity as Treasurer, I will be moving the acceptance of the 2015 Financial

Statements and the appointment of Crowe Mackay as auditor. I am happy to field any

questions of the membership in relation to these or any other finance matters.

MOTIONS


SECONDED BY

THAT the Treasurer’s Report be adopted as presented.


SECONDED BY

THAT the Audited Financial Statements for the year ending December 31, 2015 be adopted as

presented.


SECONDED BY

THAT Crowe MacKay LLP be appointed as auditors for the Law Society of the Northwest Territories

for the year ending December 31, 2016.


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Law Society of the Northwest Territories

Financial Statements

December 31, 2015


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Financial Statements

December 31, 2015 Page

Independent Auditors' Report 3 - 4

Combined Statement of Operations and Changes in Net Assets 5

Combined Statement of Financial Position 6

Combined Statement of Cash Flows 7

General Fund

Statement of Operations 8

Statement of Changes in Net Assets 9

Statement of Financial Position 10

Assurance Fund

Statement of Operations and Changes in Net Assets 11


Liability Fund



Discipline Reserve Fund



Unclaimed Trust Monies Fund



Notes to the Financial Statements 19 - 27

2Law Society of the Northwest Territories 39th Annual General Meeting December 3, 2016

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Independent Auditors' Report

To the Members of theLaw Society of the Northwest Territories

We have audited the accompanying financial statements of the Law Society of the Northwest Territories,which consist of the following for the year ended and as of December 31, 2015:

Combined Statement of Operations and Changes in Net AssetsCombined Statement of Financial PositionCombined Statement of Cash FlowsGeneral Fund Statement of OperationsGeneral Fund Statement of Changes in Net AssetsGeneral Fund Statement of Financial PositionAssurance Fund Statement of Operations and Changes in Net AssetsAssurance Fund Statement of Financial PositionLiability Fund Statement of Operations and Changes in Net AssetsLiability Fund Statement of Financial PositionDiscipline Reserve Fund Statement of Operations and Changes in Net AssetsDiscipline Reserve Fund Statement of Financial PositionUnclaimed Trust Monies Fund Statement of Operations and Changes in Net AssetsUnclaimed Trust Monies Fund Statement of Financial PositionNotes to the Financial Statements

Management's Responsibility for the Financial Statements

Management is responsible for the preparation and fair presentation of these financial statements inaccordance with Canadian accounting standards for not-for-profit organizations, and for such internal controlas management determines is necessary to enable the preparation of financial statements that are free frommaterial misstatement, whether due to fraud or error.

Auditors' Responsibility

Our responsibility is to express an opinion on these financial statements based on our audit. We conductedour audit in accordance with Canadian generally accepted auditing standards. Those standards require thatwe comply with ethical requirements and plan and perform the audit to obtain reasonable assurance aboutwhether the financial statements are free from material misstatement.


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Independent Auditors' Report (Continued)

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in thefinancial statements. The procedures selected depend on the auditor's judgment, including the assessment ofthe risks of material misstatement of the financial statements, whether due to fraud or error. In making thoserisk assessments, the auditors consider internal control relevant to the entity's preparation and fairpresentation of the financial statements in order to design audit procedures that are appropriate in thecircumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internalcontrol. An audit also includes evaluating the appropriateness of accounting policies used and thereasonableness of accounting estimates made by management, as well as evaluating the overall presentationof the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for ouraudit opinion.

Opinion

In our opinion, the financial statements present fairly, in all material respects, the financial position of the LawSociety of the Northwest Territories as at December 31, 2015 and its financial performance and its cash flowsfor the year then ended in accordance with Canadian accounting standards for not-for-profit organizations.

Yellowknife, Northwest Territories Chartered AccountantsJuly 4, 2016


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Combined Statement of Operations and Changes in Net Assets

For the year ended December 31, 2015 2014

RevenueApplication and admission fees $ 12,475 $ 11,825Discipline cost recovery 27,000 -Investment and interest (Note 3) 45,014 49,004Levies 271,623 316,959Membership fees 534,938 531,598Miscellaneous (Note 4) 37,743 54,889N.W.T. Law Foundation grant 15,580 15,055Restricted appearance fees 23,653 24,199Unclaimed trust monies 113 2,209

968,139 1,005,738

ExpensesAdministration 264,705 314,481Amortization 4,486 3,164Bad debts 1,595 796Bank charges 232 176Claims paid 1,825 -Committees 20,076 26,963Discipline costs 32,209 12,934Insurance 195,076 173,645Investment management fees 8,011 7,448Lawyers trust protection premium 11,800 13,552Office, postage and telephone (Note 11) 36,923 38,610Other expenses (Note 12) 50,402 101,391Printing and publications 5,463 3,972Professional development expense 15,865 18,254Professional fees 30,844 37,869Recruitment - Executive Director and administration 18,339 2,094Rent 80,545 76,760Spot audit 17,326 16,309Travel 4,651 -

800,373 848,418

Excess revenue before other items 167,766 157,320

Other income (expenses)Loss on disposal of tangible capital assets (1,211) (19)Special insurance premium credit 175,142 54,002

Excess revenue 341,697 211,303

Net assets, beginning of year 3,026,264 2,814,961

Net assets, end of year $ 3,367,961 $ 3,026,264


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Combined Statement of Financial Position

As at December 31, 2015 2014

Assets

CurrentCash $ 671,930 $ 397,531Restricted cash (Note 5) 12,295 14,249Short-term investments (Note 6) 1,150,043 1,119,659Accounts receivable and accrued interest (Note 7) 61,185 20,622Prepaid expenses 15,533 21,936

1,910,986 1,573,997

Restricted investments (Note 8) 1,506,096 1,495,680

Tangible capital assets (Note 9) 12,802 15,061

$ 3,429,884 $ 3,084,738

Liabilities

Current Accounts payable and accrued liabilities (Note 10) $ 61,931 $ 58,474

Net Assets

General Fund 602,102 490,105

Assurance Fund 2,109,884 2,036,389

Liability Fund 558,731 403,924

Discipline Reserve Fund 77,993 75,000

Unclaimed Trust Monies Fund 19,247 20,846

3,367,957 3,026,264

$ 3,429,888 $ 3,084,738

Contingencies (Note 14)

Approved on behalf of the Executive Committee

_________________________ President _________________________ Treasurer


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Combined Statement of Cash Flows


Operating activitiesCash receipts from members $ 876,952 $ 981,940Investment income 49,032 41,791Cash payments for operating expenses (361,296) (487,499)Cash payments for salaries and benefits (248,005) (307,299)

Net cash flows from operating activities 316,683 228,933

Investing activitiesIncrease in short-term investments (30,384) (66,235)Increase in restricted investments (10,416) (21,107)Purchase of tangible capital assets (3,438) (9,863)

Net cash outflows from investing activities (44,238) (97,205)

Net change in cash flows 272,445 131,728

Cash and cash equivalents, beginning of year 411,780 280,052

Cash and cash equivalents, end of year $ 684,225 $ 411,780

Cash and cash equivalents are represented by:Cash $ 671,930 $ 397,531Restricted Cash 12,295 14,249

Total $ 684,225 $ 411,780


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General FundStatement of Operations

For the year ended December 31, 2015 2015 2014Budget Actual Actual

RevenueApplication and admission fees $ 12,075 $ 12,475 $ 11,825Investment and interest 500 3,205 2,424Membership fees 550,275 534,938 531,598Miscellaneous (Note 4) 41,340 37,743 54,889N.W.T. Law Foundation grant 15,580 15,580 15,055Restricted appearance fees - 23,653 24,199

619,770 627,594 639,990

ExpensesAdministration 289,895 253,803 300,943Amortization - 4,486 3,164Bad debt - 1,595 796Committees 32,550 20,076 26,963Office, postage and telephone (Note 11) 32,548 36,923 38,610Other expenses (Note 12) 88,650 50,402 100,131Printing and publications 4,550 5,463 3,972Professional fees 35,000 30,844 37,869Recruitment 15,000 18,339 2,094Rent 82,587 80,545 76,760

580,780 502,476 591,302

Excess revenue before other items 38,990 125,118 48,688

Other income (expenses)Loss on disposal of tangible capital assets - (1,211) (19)

Excess revenue $ 38,990 $ 123,907 $ 48,669


23


General FundStatement of Changes in Net Assets


Net assets, beginning of year $ 490,105 $ 454,370

Transfer to Discipline Reserve Fund (Note 13) (11,910) (12,934)


Net assets, end of year $ 602,102 $ 490,105


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General FundStatement of Financial Position


Assets

Current Cash $ 121,085 $ 115,150 Short-term investments 413,996 410,711 Accounts receivable and accrued interest 50,617 6,117 Due from Discipline Fund 72,011 - Due from Liability Fund 45,445 16,747 Due from Unclaimed Trust Monies Fund 7,714 7,954 Prepaid expenses 14,285 20,686

725,153 577,365

Tangible capital assets (Note 9) 12,802 15,061

$ 737,955 $ 592,426

Liabilities

Current Accounts payable and accrued liabilities $ 61,931 $ 58,473 Due to Assurance Fund 73,922 31,941 Due to Discipline Reserve Fund - 11,907

135,853 102,321

Net assets 602,102 490,105

$ 737,955 $ 592,426




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Assurance FundStatement of Operations and Changes in Net Assets


Revenue Assurance fund levy $ 70,950 $ 71,670 Investment and interest 39,682 44,450

110,632 116,120

ExpensesLawyers trust protection premium 11,800 13,552Investment management fees 8,011 7,448Other expenses (note 12) - 1,260Spot audit 17,326 16,309

37,137 38,569


Net assets, beginning of year 2,036,389 1,958,838

Net assets, end of year $ 2,109,884 $ 2,036,389


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Assurance FundStatement of Financial Position


Assets

Current Cash $ 53,874 $ 53,810 Short-term investments 467,369 442,402 Accounts receivable and accrued interest 8,625 12,556 Due from General Fund 73,922 31,941

603,790 540,709

Restricted investments (Note 8) 1,506,094 1,495,680

$ 2,109,884 $ 2,036,389

Net assets $ 2,109,884 $ 2,036,389




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Liability FundStatement of Operations and Changes in Net Assets


RevenueExcess insurance levy $ 3,039 $ 3,318Investment and interest 2,010 2,015Liability insurance levy 197,634 241,971

202,683 247,304

ExpensesAdministration 9,940 12,264Bank charges 232 176Claims administration 962 1,274Excess insurance premiums 3,184 3,345Liability insurance premium 191,892 170,300Professional development expenses 15,865 18,254Travel 943 -

223,018 205,613

Excess revenue (expenses) before other items (20,335) 41,691

Other incomeSpecial insurance premium credit 175,142 54,002


Net assets, beginning of year 403,924 308,231



28


Liability FundStatement of Financial Position


Assets

CurrentCash $ 346,971 $ 165,477Short-term investments 254,016 252,000Accounts receivable and accrued interest 1,939 1,944Prepaid expenses 1,250 1,250

$ 604,176 $ 420,671

Liabilities

CurrentDue to General Fund $ 45,445 $ 16,747

Net assets 558,731 403,924

$ 604,176 $ 420,671

Contingencies (Note 14)




29


Discipline Reserve FundStatement of Operations and Changes in Net Assets


Revenue Discipline cost recovery $ 27,000 $ -

Expenses Discipline costs 32,209 5,875 Inquiry - - Miscellaneous - 7,059 Travel 3,708 -

35,917 12,934

Excess expenses (8,917) (12,934)


Transfer from General Fund (Note 13) 11,910 12,934



30


Discipline Reserve FundStatement of Financial Position


Assets

Current Cash $ 150,000 $ 63,093 Due from General Fund - 11,907

$ 150,000 $ 75,000

Liabilities

Current Due to General Fund $ 72,011 $ -

Net assets 77,989 75,000

$ 150,000 $ 75,000




31


Unclaimed Trust Monies FundStatement of Operations and Changes in Net Assets


RevenueInterest revenue $ 113 $ 115Unclaimed trust monies 113 2,209

226 2,324

ExpensesClaims paid 1,825 -

1,825 -

Excess revenue (expenses) (1,599) 2,324




32


Unclaimed Trust Monies FundStatement of Financial Position


Assets

CurrentRestricted cash (Note 5) $ 12,295 $ 14,249Short-term investments 14,662 14,546Accounts receivable and accrued interest 4 5

$ 26,961 $ 28,800

Liabilities

CurrentDue to General Fund $ 7,714 $ 7,954

Net assets 19,247 20,846

$ 26,961 $ 28,800


_________________________ President ________________________ Treasurer


33


Notes to Financial Statements

December 31, 2015

1. Nature of operations

The Law Society of the Northwest Territories (the "Society") is the governing body for the legal professionin the Northwest Territories. The Society was established by, and operates pursuant to, the LegalProfession Act of the Northwest Territories. The Society is a non-profit organization, and accordingly isexempt from income taxes under Section 149(1)(I) of the Income Tax Act.

2. Significant accounting policies

These financial statements are prepared in accordance with Canadian accounting standards for not-for-profit organizations. The significant policies are detailed as follows:

(a) Financial instruments

Financial assets originated or acquired or financial liabilities issued or assumed in arm's lengthtransaction are initially measured at their fair value. In the case of a financial asset or financial liabilitynot subsequently measured at its fair value, the initial fair value is adjusted for financing fees andtransaction costs that are directly attributable to its origination, acquisition, issuance or assumption.Such fees and costs in respect of financial assets and liabilities measured at fair value are expensed.

The Society subsequently measures the following financial assets and financial liabilities at amortizedcost:

Financial assets measured at amortized cost include cash, short-term investments, restricted cash,and accounts receivable and accrued interest.

Financial liabilities measured at amortized cost include accounts payable and accrued liabilities.

Financial assets measured at fair value includes restricted investments.

At the end of each reporting period, management assesses whether there are any indications thatfinancial assets measured at cost or amortized cost may be impaired. If there is an indication ofimpairment, management determines whether a significant adverse change has occurred in theexpected timing or the amount of future cash flows from the asset, in which case the asset's carryingamount is reduced to the highest expected value that is recoverable by either holding the asset,selling the asset or by exercising the right to any collateral. The carrying amount of the asset isreduced directly or through the use of an allowance account and the amount of the reduction isrecognized as an impairment loss in operations. Previously recognized impairment losses may bereversed to the extent of any improvement. The amount of the reversal, to a maximum of the relatedaccumulated impairment charges recorded in respect of the particular asset, is recognized inoperations


34



December 31, 2015

2. Significant accounting policies (continued)

(b) Tangible capital assets

Tangible capital assets are recorded at cost. The Society provides for amortization using thedeclining balance method at rates designed to amortize the cost of the asset over their estimateduseful lives, as set out in note 9.

When tangible capital assets are sold or retired, the related cost and accumulated amortization areremoved from the accounts and any gain or loss is charged against earnings in the period.

One half of the year's amortization is recorded in the year of acquisition. No amortization is recordedin the year of disposal.

(c) Revenue recognition

Membership fees are the annual fees for membership in the Association. Fees paid by memberscover the fiscal year; therefore, there are no deferred fees. Investment and interest income includesdividend and interest income; realized investment gains and losses on the sale of investments, andunrealized gains and losses on investments are measured at fair value. Dividends and interestincome are recognized as they are earned. All other revenue such as levies, restricted appearancefees, grants, miscellaneous revenue, and discipline cost recovery are recognized when earned if theamount receivable can be reasonably estimated and its collection is reasonably assured. Unclaimedtrust monies revenue is recognized when claimed by the recipient.

(d) Cash equivalents

Cash and cash equivalents includes bank balances, restricted cash, and other highly liquid interestbearing instruments.

(e) Professional liability insurance levy

The levy and premium expense for insurance coverage for the policy year July 1, 2015 to June 30,2016 is recorded in the 2015 fiscal year.

(f) Contributed services

Volunteers contribute a significant number of hours to the Society in carrying out its service deliveryactivities. Because of the difficulty of determining their fair value, contributed services are notrecognized in the financial statements.

(g) Budget

Budgets are not audited, and are prepared only for the General Fund.


35



December 31, 2015

2. Significant Accounting Policies (continued)

(h) Fund accounting

The Society follows the restricted fund method of accounting.

The General Fund accounts for the Society's program delivery and administrative activities. Thisfund reports unrestricted resources and restricted operating grants.

The Assurance Fund reports only internally restricted funds to be used in conjunction with anydefalcation claims which may be made against a member and expenses related to the assurance ofcompliance.

The Liability Fund reports only internally restricted funds to be used in conjunction with memberliability insurance in relation to error or omission liability.

The Discipline Reserve Fund reports only internally restricted funds to be used in conjunction with anycomplaints made against a member and expenses related to the investigations, resolution anddecision of the complaint.

The Unclaimed Trust Monies Fund reports only internally restricted funds held by the Society untilclaimed by one or more persons who are so entitled.

(i) Use of estimates

The preparation of financial statements in conformity with Canadian accounting standards for not-for-profit organizations requires management to make estimates and assumptions that affect the reportedamounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of thefinancial statements and the amounts of revenues and expenses during the period. Actual resultscould differ from those estimates.

(j) Allocation of expenses

The Society allocates expenditures according to the fund to which the expenditure relates. Theexpenditures are any direct cost related to the operation of the particular fund. The costs are thenallocated between the funds based on the actual amount of the expenditure.

3. Investment and interest income2015 2014

Interest income $ 43,836 $ 47,586Realized gain 2,356 2,836Unrealized loss (1,178) (1,418)

$ 45,014 $ 49,004


36



December 31, 2015

4. Miscellaneous revenue2015 2014

Board room rental $ 3,964 $ 4,033Canadian Bar Association administration contract 9,720 19,440Certificates of standing 1,750 2,200Change of status fees 400 400Liability fund administration fee 9,940 12,264LLP renewal fee 3,350 1,750Other 4,619 10,802Professional Corporation registration fee 450 -Professional Corporation renewal fee 1,800 1,500Reinstatement fees 1,750 2,500

$ 37,743 $ 54,889

5. Restricted cash

Restricted cash consists of unclaimed trust monies held by the Society. Legislation provides lawyers theoption to forward money held in trust that has not been claimed to the Society to be held in trust until theamount is claimed or settled by legislative process, in accordance with policy.

6. Short-term investments2015 2014

Guaranteed Investment Certificates $ 1,126,733 $ 1,111,680Royal Bank of Canada cash account (Assurance Fund) 23,310 7,979

$ 1,150,043 $ 1,119,659

Current year guaranteed investment certificates detailed breakdown:

Interest MaturityRate Date Value

General Fund 0.60% 11/21/2016 $ 257,040General Fund 0.60% 12/16/2016 156,956Assurance Fund 0.60% 10/14/2016 444,059Liability Fund 0.80% 1/14/2016 254,016Unclaimed Trust Monies Fund 0.60% 12/16/2016 14,662

$ 1,126,733


37



December 31, 2015

7. Accounts receivable and accrued interest2015 2014

Accounts receivable $ 49,996 $ 3,652Less: Allowance for doubtful accounts (1,428) (796)

Net accounts receivable 48,568 2,856

GST receivable 1,844 2,975Accrued interest 10,773 14,791

$ 61,185 $ 20,622

8. Restricted investments

The table below presents the fair value of the Society's restricted investments as at December 31, 2015together with the change in fair value from their cost base. The fair value of the Society's investmentswere determined by reference to published price quotations in an active market.

2015 2015Market Value Book Value

Bonds2.00% Government of Canada, due June 1, 2016 $ 80,623 $ 81,6842.75% Canada Housing Trust No. 1, due June 15, 2016 86,932 87,0952.65% Canadian Imperial Bank of Commerce, due November 8, 2016 64,070 62,9774.55% Bank of Montreal Fixed Rate, due August 1, 2017 36,375 34,3514.20% Province of Ontario, due March 8, 2018 36,896 34,4301.50% Government of Canada, due March 1, 2017 96,606 95,8831.90% Province of Ontario, due September 9, 2017 51,246 51,3601.70% Province of Alberta, due December 15, 2017 152,701 150,3362.37% Bank of Nova Scotia, due November 1, 2018 66,866 65,2601.25% Government of Canada, due March 1, 2018 84,717 82,5411.75% Province of Alberta, due June 15, 2017 55,875 55,0242.26% Royal Bank of Canada, due March 12, 2018 68,650 67,2532.24% Bank of Nova Scotia Senior Deposit Notes, due March 22, 2018 63,394 63,7641.75% Canada Housing Trust, due June 15, 2018 102,392 101,0611.75% Government of Canada, due March 1, 2019 104,354 100,1802.46% Bank of Nova Scotia, due March 14, 2019 51,508 50,4071.95% Province of Saskatchewan, due March 1, 2019 51,719 52,1412.45% Toronto Dominion Bank, due April 2, 2019 51,583 50,3751.95% Canada Housing Trust, due June 15, 2019 103,355 100,4441.60% Province of Manitoba, due September 5, 2020 96,234 95,218

$ 1,506,096 $ 1,481,784


38



December 31, 2015

8. Restricted investments (continued)

2014 2014Market Value Book Value

Bonds4.50% Province of Ontario, due March 8, 2015 183,599 179,7112.95% Canadian Housing Trust No. 1, due March 15, 2015 44,547 44,4202.50% Government of Canada, due June 1, 2015 55,453 56,7932.00% Government of Canada, due June 1, 2016 81,257 81,6842.75% Canada Housing Trust No. 1, due June 15, 2016 88,122 87,0952.65% Canadian Imperial Bank of Commerce, due November 8, 2016 64,312 62,9774.55% Bank of Montreal Fixed Rate, due August 1, 2017 36,952 34,3514.20% Province of Ontario, due March 8, 2018 37,325 34,4301.50% Government of Canada, due March 1, 2017 96,499 95,8831.75% Province of Alberta, due December 15, 2017 151,514 150,3362.37% Bank of Nova Scotia, due November 1, 2018 66,593 65,2601.25% Government of Canada, due March 1, 2018 83,625 82,5411.75% Province of Alberta, due June 15, 2017 55,659 55,0242.26% Royal Bank of Canada, due March 12, 2018 68,051 67,2531.75% Canada Housing Trust, due June 15, 2018 75,872 75,3081.75% Government of Canada, due March 1, 2019 102,606 100,1802.46% Bank of Nova Scotia, due March 14, 2019 51,050 50,4072.45% Toronto Dominion Bank, due April 2, 2019 50,966 50,3751.95% Canada Housing Trust, due June 15, 2019 101,678 100,444

$ 1,495,680 $ 1,474,472

The following table presents the remaining terms to maturity at fair value, along with the average effectiveyields for each maturity for securities investments exposed to interest rate risk as at December 31, 2015.

2015 2014Within 1 yr 1 - 5 yrs Over 5 yrs Total Total

Securities $ 231,626 $ 1,274,470 $ - $ 1,506,096 $ 1,495,680Effective yields %0.358 %0.762 %- %0.700 %0.268


39



December 31, 2015

9. Tangible capital assets

2015 2014

Accumulated Net Book Net Book Rate Cost Amortization Value Value

Furniture and equipment 20% $ 32,165 $ 25,047 $ 7,118 $ 7,186Computer equipment 55% 14,236 8,552 5,684 7,875

$ 46,401 $ 33,599 $ 12,802 $ 15,061

10. Accounts payable and accrued liabilities2015 2014

Accounts payable and accrued liabilities $ 44,795 $ 53,381Government remittances payable 10,110 2,410Vacation payable 7,026 2,683

$ 61,931 $ 58,474

11. Office, postage and telephone (General Fund)2015 2014

Bank charges $ 1,442 $ 687Equipment rental 10,586 9,778Internet 1,788 1,306Information technology 7,317 12,515Janitorial - 55Office equipment 2,932 2,093Office supplies 3,662 1,511Other 2,493 4,670Postage 1,145 857Telephone and fax 5,558 5,138

$ 36,923 $ 38,610


40



December 31, 2015

12. Other expenses2015 2014

General FundAGM expenses $ 2,631 $ 1,241Canadian Legal Information Institute expenses 15,580 15,055Court library - 28,000Donations and charitable contributions 4,250 80Federation activities 21,369 16,729Fees and dues 2,059 9,975Lawyer`s assistance program 2,219 5,634Miscellaneous - 1,033Professional development 856 6,144Special project (Insurance feasibility studies) 225 6,260Staff training - 5,350Strategic workplan project - 3,400Volunteer recognition 1,213 1,230

50,402 100,131Assurance FundStorage costs - 1,260

Total $ 50,402 $ 101,391

13. Discipline reserve transfer (Due from General Fund)

At year-end the Discipline Fund had a cash balance of $150,000 and $72,011 due to the General Fund.The balance due from the General Fund includes a transfer of $11,910 (2014 - $12,934) made at year-endfrom the General Fund to the Discipline Fund to bring the closing balance in the Discipline Fund up to therequired amount of $150,000.

14. Contingencies

Liability Insurance RetroassessmentThe Canadian Lawyers Insurance Association is a reciprocal insurance exchange established to provideprofessional liability insurance for the legal profession. There have been retroassessment calls tosubscribing law societies of $2,000,000 as at December 31, 1991, and $1,000,000 as at December 31,1992. The Society's share of these retroassessments has been recorded in previous financial statements.The likelihood of a retroassessment call for other years is unknown.

GeneralThe Society has received statements of claim related to various matters arising in the ordinary course ofbusiness. These matters are at various stages and their outcome and an estimate of loss, if any, is notdeterminable. The Society has no reason to expect that the ultimate disposition of any of these matterswill have a material adverse impact on its financial position, results of operations or its ability to carry onany of its business activities.


41



December 31, 2015

15. Commitments

The Society has entered into a rent agreement with the following future payments:

2016 $ 104,1582017 104,1582018 104,1582019 104,1582020 60,759

Total $ 477,391

16. Financial instruments

Transactions in financial instruments may result in an entity assuming or transferring to another party oneor more of the financial risks described below. The required disclosures provide information that assistsusers of financial statements in assessing the extent of risk related to financial instruments.

(a) Credit risk

The Society does have credit risk in cash, accounts receivable and accrued interest, and short-terminvestments of $1,883,158 (2014 - $1,537,812). Credit risk is the risk that one party to a financialinstrument will fail to discharge an obligation and cause the other party to incur a financial loss. TheSociety is exposed to credit risk from its members. This Society is also exposed to credit risk relatedto cash. The Society's cash is maintained with a large federally regulated financial institution andexceeds federally insured limits. This risk has not changed since prior year.

(b) Interest rate risk

Interest rate risk is the risk that the fair value or future cash flows of a financial instrument willfluctuate because of changes in market interest rates. The Society's interest-bearing financialinstruments include fixed rate bonds within restricted investments. The fair values of fixed ratefinancial instruments fluctuate as market rates of interest change. This risk has not changed sinceprior year.

(c) Market rate risk

Market rate risk is the risk that the value of a financial instrument will fluctuate as a result of changesin market prices, whether the factors are specific to the instrument or all instruments traded in themarket. The Society is exposed to market risk for restricted investments of $1,506,096 (2014 -$1,495,680).


42

Law Society of the Northwest TerritoriesIncome Statement 01/01/2016 to 31/10/2016

REVENUE

Membership Dues

Application and Admissions 11,137.50

Active 498,269.31

Inactive 19,113.75

Articling Students 250.00

Certificates of Standing 2,200.00

Change of Status 400.00

Reinstatement 3,800.00

Professional Corp/LLP 1,100.00

RAC Application 8,800.00

RAC New File 18,700.00

RAC Renewal 4,050.00

Liability Insurance Fund Levy 59,519.52

Assurance Fund Levy 71,250.00

Total Membership Dues 698,590.08

Other Revenue

General 13,038.02

Recovery 12,430.94

Trust Funds (Unclaimed) 867.66

Grants 10,000.00

Interest 24,467.34

Rentals (Boardroom) 4,085.00

Total Other Revenue 64,888.96

TOTAL REVENUE 763,479.04

EXPENSE

Employee Compensation

Salaries 233,770.79

VTA 6,500.00

Northern Living Allowance 8,625.00

WSCC 1,323.00

EI Employers Portion 4,284.83

CPP Employers Portion 8,104.17

Health Spending 4,137.23

Total Employee Compensation 266,745.02

General Expenses


43

Advertising 778.54

Audit 16,660.00

Awards and Grants 140.00

Bank Charges 1,136.83

Bank Charges-Rev. Credit Card Fees 317.33

Total Bank Charges 1,454.16

Bookkeeping 17,602.50

Donations 500.00

Email / Internet 1,491.24

Equipment Leases 10,149.94

Interest 2.70

Insurance - Premiums 92,338.00

Insurance - Claims Admin 781.82

IT / Technical Support 33,321.25

Legal Fees 41,408.96

Meeting - Catering 16,009.00

Meeting - Rentals 2,687.25

Memberships / Dues 25,911.70

Members Health Benefits 3,812.50

Office Supplies 4,649.35

Office Software 2,904.00

Office Equipment Purchases 1,154.00

Postage 1,125.28

Printing and Publications 2,344.83

Professional Development (Training) 2,089.00

Professional Fees (Speakers) 6,545.00

Rent 83,925.00

Telephone / Fax 4,039.28

Travel - Airfare (USE TOTAL TRAVEL) 403.00

Total Travel 20,889.68

Unclaimed Trust 4,380.78

Total General Expenses 399,498.76

TOTAL EXPENSE 666,243.78

NET INCOME 97,235.26

Generated On: 17/11/2016


44

Law Society of the Northwest TerritoriesBalance Sheet As at 31/10/2016

ASSET

Banks

BANK- Operating 40,541.77

BANK - Liability 261,528.09

BANK - Unclaimed Trust Funds 9,465.35

Total Banks 311,535.21

Accounts Receivable 25,438.12

Allowance For Doubtful Accounts (1,427.50)

Total Accounts Receivable 24,010.62

Prepaid Expenses 15,534.78

TOTAL - Current Assets 351,080.61

Investments

Investments - CIBC Cash Account 5,641.89

Investments - CIBC Fixed Income 1,471,000.26

Investments - CIBC Mutual Funds 23,361.24

Total CIBC Investments 1,500,003.39

Investments - RBC Investment Accoun 1,640,629.99

Investments - RBC Cash Account 18,030.88

Total RBC Investments 1,658,660.87

Total - Investments 3,158,664.26

Fixed Assets

Furniture/Equipment 32,165.19

AA - Furniture/Equipment (25,047.25)

Net Furniture/Equipment 7,117.94

Computer Equipment 14,235.61

AA - Computers (8,552.01)

Net Computer Equipment 5,683.60

Total Fixed Assets 12,801.54

TOTAL ASSET 3,522,546.41

LIABILITY

Current Liabilities

Due to [From] Assurance (73,922.00)

Due To [From] Liability 45,444.63

Due To [From] Discipline 72,011.00

Due To [From] Unclaimed Trust 7,713.87

Due To [From] General (51,247.50)


45

Total Due To [From] Accounts 0.00

Accounts Payable 8,897.69

Accrued Accounts Payable 17,490.40

GST Charged on Sales 158.69

GST Paid on Purchases (1,553.70)

Net GST (1,395.01)

GNWT Payroll Tax 4,870.53

WSCC Payable 3,040.00

Vacation and Lieu Time Payable 17,499.54

Sick Time and Special Days Payable 6,956.02

TOTAL CURRENT LIABILITIES 57,359.17

TOTAL LIABILITY 57,359.17

EQUITY

EARNINGS

Retained Earnings - General 878,721.67

Retained Earnings - Assurance 1,968,375.58

Retained Earnings - Liability 432,484.45

Retained Earnings - Discipline 62,066.20

Retained Earnings - Unclaimed Trust 26,304.08

Sub-Total: Retained Earnings 3,367,951.98

Current Earnings 97,235.26

TOTAL EARNINGS 3,465,187.24

TOTAL EQUITY 3,465,187.24

LIABILITIES AND EQUITY 3,522,546.41

Generated On: 22/11/2016


46

Law Society of the NWT2017 Budget

1 10 20 30 40 50 60 80 81 82 83 84 85 86 87 87a 88 89

No. Description AdminFund

Assurance

Fund Liability

InsuranceFund

Discipline

Fund Unclaimed

Trust

Federation of Law Societies

of Canada

Canadian Law Information

Institute Admissions Committee

Continuing Professional

Development Committee

Discipline Committee

Executive Committee

Finance Committee

Legal Ethics and Practice Committee

Rules Committee

Social Committee

Social Committee - President's

DinnerAccess to

Justice

Truth and Recomciliat

ion TOTAL

4100 Membership Dues

4105 Application and Admissions 12750 12750

4110 Active 530000 530000

4112 Inactive 18200 18200

4114 Articling Students 225 225

4120 Certificates of Standing 1800 1800

4122 Change of Status 400 400

4124 Reinstatement 1750 1750

4126 Other Memberships 2000 2000

4130 RAC Application 7100 7100

4132 RAC New File 15200 5250 20450

4134 RAC Renewal 4060 4000 8060

4140 Liability Insur Fund Levy 160000 160000

4145 Assurance Fund Levy 61200 61200

4199 Total Membership Dues 593485 70450 160000 0 0 0 0 0 0 0 0 0 0 0 0 0 823935

4200 Other Revenue

4210 General 3000 6000 9000

4220 Recovery 5000 1000 1750 7750

4230 Trust Funds (Unclaimed) 5000 5000

4240 Grants 5000 5000

4250 Interest 20000 30000 50000

4260 Rentals (Boardroom) 3900 3900

4299 Total Other Revenue 3900 20000 30000 5000 5000 1000 5000 0 0 0 0 0 0 0 3000 7750 0 80650

TOTAL REVENUE 597385 90450 190000 5000 5000 1000 5000 0 0 0 0 0 0 0 3000 7750 0 904585

5000 Employee Compensation

5010 Salaries 306000 306000

5020 VTA 0

5030 Northern Living Allowance 0


47

1 10 20 30 40 50 60 80 81 82 83 84 85 86 87 87a 88 89


Assurance

Fund Liability

InsuranceFund

Discipline

Fund Unclaimed

Trust


of Canada






Executive Committee

Finance Committee


Rules Committee

Social Committee


DinnerAccess to

Justice


ion TOTAL

5040 RRSP - Employers Portion 3600 3600

5045 WSCC 2100 2100

5055 EI Employers Portion 6000 6000

5060 CPP Employers Portion 10000 10000

5070 Employee Health Benefits 8000 8000

5099Total Employee Compensation 332000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 332000

5100 General Expenses

5105 Advertising 5000 5000

5110 Amortization 5000 5000

5115 Audit 20000 30000 50000

5117 Awards and Grants 1000 1000

5120 Bad Debt 500 500

5125 Bank Charges 200 200

5126 Credit Card Charges 5000

5130 Bookkeeping 30000 30000

5135 Donations 5000 5000

5140 Email / Internet 2640 2640

5150 Equipment Leases 9016 9016

5155 Hospitality 500 1000

5160 Interest 0

5170 Insurance - Premiums 4500 150000 154500

5180 Insurance - Claims Admin 1000 1000

5190 Insurance - Administration 400 400

5200 IT / Technical Support 6600 6600

5210 Legal Fees 200 10000 10200

5220 Meeting - Catering 100 100 200 2000 100 100 100 7500 7500 17700

5230 Meeting - Rentals 1500 1000 2500

5240 Memberships / Dues 15000 15800 30800

5245 Members Health benefits 3000 3000

5250 Office Supplies 7000 1500 8500

5255 Office Software 2500 2500


48

1 10 20 30 40 50 60 80 81 82 83 84 85 86 87 87a 88 89


Assurance

Fund Liability

InsuranceFund

Discipline

Fund Unclaimed

Trust


of Canada






Executive Committee

Finance Committee


Rules Committee

Social Committee


DinnerAccess to

Justice


ion TOTAL

5260 Office Equipment Purchases 750 750

5270 Postage 1500 1500

5280 Printing and Publications 5000 5000

5290 ProfDevelopment (Training) 1500 1500

5300 Prof Fees (Speakers) 15000 1000 15000

5310 Rent 100460 17855 118315

5320 Telephone / Fax 4800 4800

5350 Total Travel 0 2500 5000 9000 1500 1000 18000

5899 Total General Expenses 217166 30000 174755 15000 0 24000 15800 100 15100 200 2500 100 100 100 11500 9500 1500 2000 519421

TOTAL COMPENSATION AND GENERAL EXPENSES 549166 30000 174755 15000 0 24000 15800 100 15100 200 2500 100 100 100 11500 9500 1500 2000 851421Transferred to Funds 40450 40450

Surplus / (Deficit) 48219 20000 15245 -10000 5000 -23000 -10800 -100 -15100 -200 -2500 -100 -100 -100 -8500 -1750 -1500 -2000 12714


49

EXECUTIVE DIRECTOR’S REPORT Donna Allen

ADMINISTRATION

My first year at the Law Society has been a busy one. In the office we have focused a lot

of energy on improving and streamlining business processes, and improving our

efficiency. We were pleased this year to be able to begin to offer payment by credit card

to our members, which many of you have told us is much more convenient. We also have

undertaken a redesign and modernization of the Website. This was not without

challenges and as anyone who has undertaken such a task, it requires a rethink of all your

business processes and a willingness to do things differently. All of us in the office have

been active participants in this process and Glen Rutland has been the liaison with the

Executive. We hope the new website will be more user friendly, easier to navigate and

simpler for staff to manage changes in-house.

We have also tackled other issues this year, including looking at an LSNT Privacy Policy

and discussions on records retention and archiving. We enjoyed working with a summer

student this year, funded by the Canada Summer Jobs Program of the Government of

Canada, to help us with records management.

I have enjoyed the opportunity to get to know colleagues across the country, and have

appreciated their unfailing willingness to share resources and experience with us. This

is particularly true of the Law Society of Alberta.

I participated with Susanne Boucher in the CLIA subscriber’s meetings this past May.

This helped me to gain a much better understanding of our liability insurance scheme

and our role in the governance of that program. The Insurance committee, chaired by

Susanne has also been a great resource for that.

The membership renewal notice and forms are available in fillable PDF format on the

website, and with the website redesign, all of our forms will be fillable.

In our post-renewal discussions last April, we noted that a number of our members did

not have either payment, renewal documents or both to us by the deadline of March 31,

2016. Rule 60, clearly outlines the requirement to submit all documentation and pay all

fees and levies on or before March 31 of each year. Failure to do so, results in automatic

suspension. A review of past years identifies that there are about 5% of members each

year who fail to renew by the deadline.

To encourage members to renew early, we will send invoices for renewal to each member

in late January of 2017, along with a link to the renewal documents. This will be in

addition to the normal reminders that go out through a notice to the profession and


50

bulletin announcements. My fingers are crossed that in doing this, along with the ability

to accept credit card payments, we can reduce the number of members who fail to renew

by the deadline and are subsequently suspended to zero, or close to that. In accordance

with the Rule there will be no “grace period” for late payment and suspended members

will need to cease to practice and pay the prescribed reinstatement fee, along with the

annual membership fee before reinstatement.

If it is your intention to discontinue your membership as of March 31, 2016, please be

aware of the requirements under Rule 63, whereby resignations must be submitted to the

Executive for approval, as simply allowing your membership to lapse will result in an

administrative suspension. If you are considering resignation or withdrawal from

private practice, please note Rule 62 as well, which is also appropriate for a change of

status to inactive.

ADMISSIONS

We have seen a small dip in new full members this year, but a significant increase in

applications for Restricted Appearance Certificates, and an increase in inactive

membership, with a number of members retiring. It is too soon to know if this is a trend,

but we will monitor.

FEDERATION OF LAW SOCIETIES OF CANADA

It was a busy year for FLSC as I know you will see from your Council Member’s report.

The CEO’s were asked to participate on a number of issues, most notably, in providing

advice to the Council on areas of priority for the purpose of strategic planning to be

undertaken by Council this fall. The CEO’s have spent time at two meetings considering

the activities and priorities we see as having the most value for the Federation and have

provided the Federation with that feedback.

The CEOs have also worked to identify ways that we may be able to harmonize and

standardize policies and practices across the country. There will always be some

jurisdictional differences, but we agree we could do a much better job at reducing

unnecessary ones. The work on that will continue in the fall and winter.

National Discipline Standards Project

Jurisdictions are reporting on whether they are able to meet the standards agreed to in

2014. Not every jurisdiction is able to meet every standard and one or two of the

standards present challenges for small jurisdiction, but overall, the NWT has done very

well with compliance to the national standards. Glenn Tait has been a great leader in this

area. He is stepping down from the Discipline Chair at the end of this year and I want to


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take this opportunity to thank him for his leadership, commitment and support to the

work of our Discipline Committee, the National Committee, and to me.

Mobility

Unfortunately, there has been no progress in the Quebec Government signing off on the

mobility agreement. However, the National Mobility Steering Committee has been

reengaged and will again tackle the outstanding policy issues including the definition of

“entitled to practice” and improving and expanding the utility of the Interjurisdictional

Database.

Model Code of Professional Conduct

There were a few more proposed revisions to the Model Code this year. These were

reviewed and adopted by our Legal Ethics and Practice Committee who continue to be

the shepherds of this document.

The FLSC also released a number of statements, responses and positions on issues the

Federation was asked for feedback on or in response to issues identified by the

Federation. Some of these you may have seen through bulletin links where members of

the LSNT were invited to make comments for the Executive’s consideration.

The FLSC will next meet in Quebec City in March of 2017

VOLUNTEERS

Much of the work of the Law Society is done by its dedicated volunteer members, for

which our office and the Executive are truly grateful. Committee signup sheets are

available online and will be available at the AGM. If you are able to contribute in this

way, please complete the signup sheet and return it to the office prior to Christmas

holidays.

I want to extend my thanks to the Executive committee, who are an engaged, hard-

working and committed group and do their very best to represent the members and fulfill

the mandate of the Law Society. I have appreciated their support this first year. Several

of them are leaving the Executive this year, so please take a moment to thank them for

their work.

Finally, I would not be able to do my job without the help of the office staff – Liz Jackson,

who is our Office Administrator and the person our members have the most contact with.

She is the friendly, helpful voice on the phone and behind the desk and provides fantastic

service to members and the public. Bob Wilson is our communications and planning

coordinator, just finishing his first year with the LSNT. He has been instrumental in


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getting the Website up and running and looks forward to being able to use it to provide

even better service to members and the public. My thanks to both of them.


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ADMISSIONS COMMITTEE REPORT Austin Marshall, Chair

The Admissions Committee is mandated under the Rules of the Law Society. The

responsibilities of the Committee are to review applications for admission to the LSNT;

to make recommendations on the admission of applicants; to administer the

examinations procedure; to address questions referred to the Committee by the

Executive; to monitor local and national trends in law society admissions and make

appropriate recommendations to the Executive; and certain other tasks.

This year there were 30 members on the Committee. At the meeting on January 29,

2016 the members appointed a Chair and Vice Chair. Discussion then turned to topics

of interest.

COMMITTEE MANUAL

There is a need for a manual the Committee members can use for the review of

applications for membership, marking examinations and making recommendations to

the Executive and addressing questions referred to the Committee relevant to the

admissions process.

There is also a need to review the entrance examination and admission policies. While

some have been reviewed fairly recently, a comprehensive review of the entire package

is warranted.

The Committee discussed letters of character. The quality and content of these letters

raises a question of whether they should be a requirement for admission.

The Executive Director located policies that had gotten lost from view. The Committee

had begun work on a new reference manual. This is a project that can continue into the

New Year.

NATIONAL ADMISSIONS STANDARDS PROJECT

The National Committee is beginning work on what a national examination might cost

and how it would be implemented. There is a good deal of controversy about the exam

among the larger law societies who have committed significant resources to developing

their own exams.


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ISSUES THROUGH THE YEAR

A question arose as to whether a student could take a bar admission course other than

the Alberta bar course. This would widen the supervision of a student to allow a

lawyer from another Canadian jurisdiction to be the supervisor. This question went to

the Executive. The particular situation was resolved without a decision having to be

made. The Executive felt that any of the Canadian bar admission courses would be

acceptable but applications would still have to be considered by the Committee on an

individual basis.

A question arose as to whether every membership application needs to be reviewed by

3 Committee members. Applications are initially reviewed by the Law Society office

and then go to the Committee for review and recommendation to the Executive.

The review process has been in place for a long time and does give the Committee

members a first-hand opportunity to be connected with admissions and knowledgeable

about applicants. It is a safeguard that all aspects of the application go under the eye of

the Committee members who have the responsibility to scrutinize them. This question

went to the Executive. As the volume of applications is not high, the Executive decided

there is value in having the Committee review of all applications remain in place.

MEMBERSHIP STATISTICS

The membership statistics from November 1, 2015 to October 31, 2016 are:

Full Applications Reviewed 34

Student-at-law Applications Reviewed 2

Restricted Appearance Certificates Reviewed 54

Status Changes (to inactive) 23

Status Changed (to active) 3

Administrative Suspensions 27

Reinstatements 16

Judicial Appointments 1

Resignations 28

Deaths 0

MEMBERSHIP

Active Residents (insured) 76

Active Residents (uninsured) 81

Total Active Resident 157

Active Non Resident 224

Total Active 381


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Inactive Resident 13

Inactive Non Resident 65

Open Restricted Appearance Certificates 87

Suspended 25

I would like to thank all the Committee members for their work over the past year. I

would also like to thank the staff at the Law Society office for their contribution. It is

important to the Bar and the general public that this Committee is able to deal with

membership applications and related matters in a careful way, usually on a short

turnaround basis. The work of everyone involved is greatly appreciated.


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CONTINUING PROFESSIONAL DEVELOPMENT COMMITTEE

REPORT Ian Rennie, Chair

Chair: Ian Rennie

Members: Rohan Brown

Nick Leeson

Cayley Thomas

Bob Wilson

The Continuing Professional Development (CPD) Committee for 2016 was composed of

four members and was supported by Bob Wilson. It met once in 2016 and conducted

most of its business by email.

MANDATE

The Committee's official mandate is three-fold:

To educate the Society's membership by sponsoring or funding seminars on

various legal topics of current interest or importance;

To provide resources to the Society's membership, such as video and reading

materials, relating to topics of current interest and importance; and

To educate the public regarding legal issues when fiscally possible.

To achieve the first object, the Committee engages in planning of CPD courses with the

assistance of the Law Society, various members, the CBA-NT Branch and its sections and

other national bodies including the CBA-National Branch and other Law Societies. There

are numerous CPD opportunities for members. The Committee recognizes that the CPD

programming provided by the CBA is significant and members who need CPD time

should seriously exploit the opportunities provided by the CBA in the North.

The Committee continued to ensure the members of the Society have access to 12 hours

of CPD material provided free of charge during the year. A listing of CPD sessions is

attached in the Schedule to this report. Approximately 30 hours of CPD programming

was made available of which approximately 8 hours was provided by the Law Society.

It is expected another four hours will be provided before the end of March 2017 to meet

the required 12 hour target.


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To achieve the second object, typically most CPD events are video recorded and the

materials retained and provided to members on request. Teleconference facilities are

also available for members who do not reside in Yellowknife and who wish to

participate in scheduled CPD events. Webinars are commonly used especially with

CBA events. Members who are in need of CPD credits can easily take advantage of this

resource by contacting the Law Society. We do not have information as to whether this

material is used.

The Committee has not engaged in the third object. It does however note that the Law

Society has made resources available to the public on its website

(http://www.lawsociety.nt.ca/public/ ), during Law Week activities and through its Lawyer

Referral Service.

The Committee expresses its appreciation for those members of the Bar who presented

CLEs on their own. Such presentations are of minimal cost to the Society and allow

members to teach (and learn from) their colleagues. As of this year, the Law Society

recognizes 3 hours of CPD for every 1 hour of teaching – in order to account for

preparation time and teaching and also as a means of encouragement of teaching

activity. This option has not been exploited by the membership much but it is now

advertised in each biweekly Bulletin.

ACCREDITATION - WHAT CONSTITUTES A VALID CPD

The Committee notes that in other Law Societies nationally CPD courses are put

through an assessment process to determine if the courses should be accredited.

Generally the Committee and the Law Society avoided being put into the role of

accreditor. Some CPDs are better than others but that also depends on the target

audience. To facilitate recognition by other societies, the descriptions of CPD sessions

need to be carefully crafted in order to ensure that the other law societies will accredit

the CPD sessions. To this end, the descriptions of locally generated CPDs need to be

thought out carefully. We propose using the CPD criteria that the Law Society of

British Columbia uses (http://www.lawsociety.bc.ca/page.cfm?cid=261&t=Accredited-

Education-Activities) - namely that the description should ensure that the subject matter

of the CPD deals primarily with any of the following:

substantive law;

procedural law;

professional ethics;

practice management;

lawyering skills.


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http://www.lawsociety.nt.ca/public/

The description should briefly state which of these criteria are met and how.

There is a tendency by CPD providers not to provide detailed descriptions and that is

borne out by the nature of the descriptions in the Schedule - under the CPD guidelines

those descriptions are too superficial and would give cause for further investigation by

the Law Society of British Columbia. A detailed description that addresses one or more

of the points above is extremely important and can reduce delays and administrative

checking by staff from other law societies.

This year there was a request to accredit a health and wellness training session (Yoga).

While health and wellness is important, applying the BC guidelines, the session was not

eligible to be accredited. Had the session dealt with some sort of legal issue reflective of

any of the subject matter listed above, it might have been eligible. In effect the

Committee increasingly finds itself having to accredit CPD courses. It does so

according to the BC guidelines.

LAW SOCIETY EXECUTIVE POLICY DOCUMENT

On 8 November 2016, the Executive provided all committees with a copy of a draft

policy document entitled "Committee Mandates - Law Society of the Northwest

Territories". This document is currently being reviewed by the Committee so that

comments may be submitted by 15 November 2016. A number of the other committees

are tasked with organizing and presenting CPD sessions. There are enhanced reporting

requirements to the Executive, as well as a minimum composition mandated for the

Committee of five members. Furthermore, the name of the Committee would change to

the Continuing Legal Education (CLE) Committee.

NEED FOR VOLUNTEERS

The Committee can always use more volunteers to assist in its work. This is a good

Committee for members to join and observe how the Society’s committees function.

Please consider volunteering for the Committee.


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CPD Sessions Made Available through Law Society and CBA 2016

Provider Course Name Date Hours Description

CBA Rule of Law Analysis- 2015

Federal Election

1/14/2016 1 An analysis of whether the 2015 Federal

Election was conducted in accordance

with the rule of law.

CBA Administrative Tribunal

Reform

1/18/2016 1 Colin Baile presented his discussion

paper on NWT Administrative Tribunal

Reform and Administrative Justice.

CBA Public/Private Partnerships 1/27/2016 1.5 An archived presentation providing a

comprehensive introduction to

Public/Private Partnerships.

CBA Federal Roles and

Responsibilities

2/11/2016 1.5 When do your client's issues attract

federal regulation?

CBA Contingency Planning 2/15/2016 1 Planning for the unexpected. Malware,

encryption of sensitive material, powers

of attorney, practice management

agreements.

CBA File Management 2/17/2016 1 File management A-Z- Best Practices,

"Going Paperless".

CBA Environmental Protection

Act

2/18/2016 1.5 A primer on the most important federal

environmental statute, CEPA.

CBA CEPA Toxics Regulation 3/4/2016 1.5 New substances regulations, control of

specific toxic substances, the relationship

between CEPA and health Canada.

CBA Maintenance Enforcement

Program

3/18/2016 1.5 A Q & A session with representatives

from the Maintenance Enforcement

Program of the NWT (MEP).

CBA Spousal Support Advisory

Guidelines

3/30/2016 1.5 A webinar on recent updates to the

Spousal Support Advisory Guidelines

(SSAG).

LSNT Physician Assisted Dying 4/1/2016 1 An overview of relevant materials to

inform members about this fast

developing area of law.

CBA Disciplining Off-Duty

Conduct for Employers

4/18/2016 1 The legal impact of private off-duty

conduct, and employees' rights to privacy.

CBA Realizing Equality for

Aboriginal Children

4/20/2016 1 A review of the landmark human rights

decision regarding the implementation of

Jordan's Principle.

LSNT Client Identity Verification

Refresher

5/13/2016 1 Ross McLeod, Alberta practice advisor,

gave a refresher on Client Identity

Verification for lawyers and law office

staff.

LSNT The Ethics of Ex-Parte 5/13/2016 1 Ross McLeod gave an overview of the

do's and don’t's of ex-parte

communications.


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CBA Communicate with

Confidence

5/27/2016 1 Improving verbal and non-verbal

communications.

CBA Courtroom Etiquette 5/31/2016 1 Everything you wanted to know about

appearing in court.

LSNT/CBA Presentation on UNDRIP 6/1/2016 1 U of M Professor Brenda Gunn gave a

presentation on the United Nations

Declaration on the Rights of Indigenous

Peoples.

LSNT Amendments to the Child and

Family Services Act

6/23/2016 1 Shannon Gullberg gave an overview of

the recent amendments to the Child and

Family Sevices Act.

LSNT Child Protection and

Structured Decision Making

6/28/2016 1 Shannon Gullberg presented how the

Structured Decision making model

impacts practice related to child

protection.

CBA Cumulative Impacts and

Aboriginal Consultation

7/27/2016 1 Cindy Kieu reviewed the Federal Court of

Appeal's decision in Yellowknives Dene

First nation v. Canada.

LSNT Conflicts 101- Conflict of

Laws

9/6/2016 1 Glen Rutland gave a presentation on

Conflict of Laws.

LSNT Preliminary Inquiries 10/7/2016 1 A symposium on jury trials, with Charles

Davison and Peter Harte.

CBA Deline Self Government

Agreement

12/1/2016 1 Brian Crane spoke about the Deline self

government agreement.

CBA Gender Identity and Gender

Expression in the Workplace

12/7/2016 1 This webinar will focus on the rights trans

(transgender, two-spirit, non-binary,

agender) workers.

CBA Alienation Within Family

Law

12/14/2016 1 The evolution of thinking on the subject

of alienation within family law disputes.

CBA Supreme Court Decision in

Wilson and Atomic Energy

Canada

12/14/2016 1 The Supreme Court of Canada’s decision

in Wilson and Atomic Energy Canada and

its implications for clients.


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DISCIPLINE COMMITTEE REPORT Glenn D. Tait, Chair

STATISTICS

As of the date of writing this report November 11, 2016 — there have been eleven

disciplinary complaints received in 2016. This is slightly up from the ten received

in 2015. Of these eleven complaints, three were generated by the Law Society, and the

other eight came from the public.

The Committee in 2016 held two Sole Inquirer hearings, one arising out of a 2016

complaint, and one from a 2015 complaint. In one case there was a reprimand and

costs were awarded, the other Sole Inquirer dismissed the complaint.

DISCIPLINE BENCHMARKS AND STANDARDS

In 2008 the Discipline Committee implemented a series of benchmarks, against

which our progress in processing complaints would be measured. In 2016, those

benchmarks were met in all but two instances. There were two circumstances

where investigations were not completed within the benchmark time period.

In 2014 the Federation of Law Societies implemented Disciplinary Standards that

apply to all 13 Law Societies. Certain of the smaller jurisdictions, including the

Northwest Territories, have historically had trouble meeting two of those

standards.

One standard requires yearly training for all those who may be sitting as Sole

Inquirer or as a member of a Committee of Inquiry. Like other very small

jurisdictions, we have ignored this standard, as we have no guarantee that in any

year we will conduct either a Sole Inquirer or a Committee of Inquiry hearing, and

saw no purpose to be achieved in training those who may not be called upon to act.

This standard is being addressed at the national level.

The second standard requires yearly mandatory training for all volunteers in the

investigation process. In 2016, mandatory training was provided for all

Disciplinary Committee volunteers. This training will hopefully continue in the

future for new Disciplinary Committee volunteers.


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THANKS

First, thanks to Sarah Kay who as Vice-Chair is always willing to step in and assist, and

who does so in an extraordinarily helpful way. I am stepping down as Chair of the

Discipline Committee, and I commend Sarah to the Executive as my replacement.

I also want to thank the Law Society staff for all of their assistance in the past year;

Liz Jackson, Bob Wilson and Donna Allen.

Most importantly though, I need to thank all of the volunteer members of the

Disciplinary Committee for their efforts, including participating in the t raining

session. Discipline Committee tasks are usually thankless tasks, but extremely

important ones in a self-governing organization such as the Law Society. And if in

2016 you were a member and not asked to serve, that likely means your time is

coming soon.

I encourage all eligible members of the Law Society to consider volunteering for the

Discipline Committee in 2017. If we are going to take the right we have been given to

govern ourselves seriously, we require the services of members of our Society to

participate in this process.


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INSURANCE COMMITTEE Susanne Boucher, Chair

MEMBERSHIP

The committee membership is as follows: Jack Williams, Mary MacKinnon, and

Susanne Boucher (chair).

MANDATE

LSNT Rule 31(1)(d) provides that the duties of the Insurance Committee are to

supervise and investigate all aspect of insurance for the Society, and to report make

recommendations to the Executive on matters of insurance.

ACTIVITIES IN 2016

The committee met three times in 2016, on February 25, March 23, and September 26,

and was consulted by email on several occasions to consider and give recommendations

on various matters relating to professional liability insurance. The matters for

consideration largely related to issues related to the NWT’s participation in the

activities of our insurer, CLIA. The chair also attended a meeting of the subscribers of

CLIA in May, and voted on governance matters on behalf of the NWT. The topics have

covered issues such as strategic direction for CLIA, management of surplus, board

nominations, areas of emerging concern, matters of governance, rule amendments on

issues like pooling/ attribution of claims and expenses, length of underwriting period,

risk margin setting, etc.

The Society’s members’ insurance is provided by the Canadian Lawyers’ Insurance

Association (CLIA). CLIA is a reciprocal insurance association. Reciprocals are

composed of subscribing members (here the various law societies). The members pool,

share, and largely self-fund risk to make it possible for the entire group to meet the

requisite capital threshold for insuring risk as set by the insurance regulators and to

soften the impact of claims in any given year for any particular member.

CLIA is overseen by a board of directors. The seven-member board is appointed,

according to a skill-based matrix, by a committee of the subscribers of the reciprocal.

Geoff Wiest, of Yellowknife, is one of the board members.

The subscribers of CLIA (the law societies) are active participants in the governance of

CLIA as well. The subscribers group meets at least annually, and more often depending

on the nature of ongoing issues.


64

CLIA has recently hired a CEO, David Jackson, to manage the reciprocal. CLIA receives

most of its operational from third-party service providers. The main service provider at

present is Axxima. Axxima provides much of the management and support for the

association. Some of these functions are now being transferred to the CEO. Actuarial

services are provided by an actuary associated to Axxima, though it is likely that

function will be tendered soon. Audit services have been provided by KPMG, and that

too will go to tender likely this year.

CLIA’s new CEO plans to review all third-party contracts to ensure CLIA is getting the

best value for money, to reduce unnecessary spending, and tender to obtain competitive

rates. He also plans to make communications a priority, ensuring that there is frequent

communication with the societies in a clear, understandable fashion, and ensuring that

all subscribers have a chance to voice feedback and have input. Given that he has just

started, a large part of his function is to become familiar with CLIA and to start

transferring functions to his office.

CLIA underwent significant changes in the past several years, largely related to

dissatisfaction among several of the subscribers, which ultimately resulted in the

departure of the largest subscriber, Alberta (they now self-insure). It is hoped that the

changes at the board and operations levels will assist in promoting subscriber

satisfaction with the reciprocal.

The insurance committee participates in the subscribers’ activities, giving feedback on

various issues, and participating in meetings and decision-making (on instruction from

the Executive, who instructs informed by committee recommendations).

RECOMMENDATIONS FOR 2017

Some of the consultations and requests for feedback take place in a relatively informal

fashion, by email solicitation. It is not clear whether there is a mechanism for

consistently recording feedback and recommendations, or executive instruction on

decision-making.

Going forward, I would recommend that requests for feedback occur in the context of a

committee meeting being convened (even an electronic meeting), with an agenda and

minutes subsequently prepared reflecting the recommendations or consensus.

Similarly, minutes should be kept of in person committee meetings and distributed and

approved by the committee at subsequent meetings and given to the ED/executive for

record keeping.


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LEGAL ETHICS & PRACTICE COMMITTEE REPORT Susanne Boucher, Acting Chair

This report sets out the membership and mandate of the Legal Ethics and Practice

Committee and briefly outlines the activities of the Legal Ethics and Practice Committee

in 2016.

MEMBERSHIP

The committee membership at present is Baljindar Rattan, Elaine Keenan Bengts,

Emerald Murphy, Karen Lajoie, Matthew Yap, Michael Penner, Patrick Orr, and

Susanne Boucher.

The committee was ably chaired by Karen Lajoie for nearly all of 2016. Karen is now on

leave from the Territory for a year.

MANDATE

The duties of the Legal Ethics and Practice Committee are

i) to report and make recommendations on any question concerning the ethics

of the profession submitted to the committee, and

ii) to report and make recommendations respecting any complaint of an

authorized practice submitted to the committee.

LAW SOCIETY OF THE NORTHWEST TERRITORIES POLICY DIRECTIVES REVIEW

The executive requested that the committee review a number of the Law Society’s

policy directives on various issues of practice and professional conduct. Many of these

policies had to become superfluous because of the adoption of the Model Code of

Conduct to replace the former professional code, and others had become outdated. The

committee recommended the following in relation to those policies:

Code – Delete – this policy related to the former code of conduct had become redundant

because of the adoption of the new Code.

Advertising – Delete - the new code has a provision dealing with advertising. Note,

potential that bad taste 1 (h) may not be governable – LEAP did not think that would be

of great concern in the NWT. Similar considerations applied to #4 in the policy

directive.

Disclosure – Delete -found in section 18(2)(b) of the code.


66

Letterhead - Delete – outdated and adequately covered by the Code – part 4 and risks

conflicting with it.

Lawyer as Witness – Delete, covered by Pg. 64 15(1) of the Code.

Restricted appearance – not a Code issue – the directive has some good information but

would be better paced on the RAC section of the website where potential applicants can

refer to It.

Trust Account Disbursements – Delete – Covered in Code 10 (1), (3) & (10).

Trust Conditions – Delete (See Alberta Website Article “Trust Conditions Guidelines “).

The Committee reviewed the Alberta Guideline and made recommendations for an

NWT Guideline.

Interest on Accounts – Delete – See Code 10 (1) Page 47.

Signing Court Documents – Not a Code Issue; NWT Rules do not give students leave

to sign court documents, and LEAP recommended that this should not be a policy, since

no rule existed permitting it.

Firm Name – Delete – the Committee consensus was that the NWT has not regulated

the use of “Company” for Sole Practitioners. The issue was thought to be adequately

covered in the Code in Part Four, number 13.

Legal Aid Privilege – Leap suggest referring to the Bench and Bar – ethically, the policy

is about advertising, retainers and privilege, and only related to Family Law legal aid.

With staff lawyers, there may not be a way to prevent the court from knowing a client is

receiving legal aid. There are several provisions in the Code about solicitor client

privilege and confidentiality.

Conflict on Transfer – Delete – Part 3 Section 7 of the Code.

Guidelines on New Tech – Delete – This policy is outdated; this was a Federation

publication from 1999, adapted by CBA – not a Code issue but guidelines would be

helpful. The executive director will research other jurisdictions to see if applicable

guidance existed.

The Committee was consulted by the Executive pursuant to a feedback request from the

Government of the Northwest Territories on Physician Assisted Death Legislation and

an NWT Framework for Implementation. The Committee did not provide feedback;

several of the members had conflicts of interest on this issue, and I believe that the

remaining members had no comment.


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Guideline on Trust Conditions: Patrick Orr, for the committee, modified Alberta’s

Trust Conditions Guidelines for use in the NWT. The Committee forwarded these to the

Executive for consideration.

The Model Code Subcommittee met several times in the year to review changes to the

Code of Conduct flowing from the Federation of Law Societies. I expect that Sarah Kay

will provide a full report on the changes that were recommended in that regard.

No instances of unauthorized practice were referred to the committee in 2016.

RECOMMENDATIONS FOR 2017

Many of the consultations and requests for feedback from the Legal Ethics and Practice

Committee seem to take place in a relatively informal fashion, by email solicitation. It is

also not clear whether minutes of meetings are available for review.

Going forward, I would recommend that requests for feedback occur in the context of a

meeting (even an electronic meeting), with an agenda and minutes prepared reflecting

the recommendations or consensus. Similarly, minutes should be kept of in-person

committee meetings and distributed and approved by the committee at subsequent

meetings, and filed by the Law Society for future reference.


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SOCIAL COMMITTEE REPORT Christopher Buchanan, Chair

MEMBERS

The Social Committee was made up of the following individuals this year:

Christopher Buchanan (Chair)

Wendy Miller

Magnolia Unka

Laura Jeffrey

Keelen Simpson

Other members of the Law Society graciously volunteered their time to assist the Social

Committee with running this year’s events. We would like to thank those individuals

and encourage them to consider volunteering for future events!

RESPONSIBILITIES

The Social Committee is responsible for planning and implementing the following

events throughout the year:

Bar and Bench BBQ (June/July)

Presidents’ Dinner (September/October)

Meet the Students and New Associates (October/November)

Christmas Dinner (November/December)

SUMMARY OF EVENTS

Bar and Bench BBQ

This year, we decided to join forces with the CBA to host a joint summer BBQ, which

was held at Fred Henne Territorial Park on July 12, 2016. We consulted with the Law

Society Executive before this decision was made. A number of factors led to this

decision, including:

the potential for better weather in July rather than in June;


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wanting to try a venue other than the DND mess hall, which has a small deck

and is more formal;

attempting to have the BBQ coincide with visits from the Presidents of the

Federation of Law Societies and the CBA;

cost sharing with the CBA;

offering free alcohol instead of a cash bar; and

enticing more people to attend by having the event at the beach rather than the

DND mess hall.

Overall, the BBQ went very well. It was a casual atmosphere, and a few judges

attended. However, we may want to stick with two separate events going forward,

because it is nice to keep a distinction between Law Society and CBA events.

Presidents’ Dinner

The 10th Annual Presidents’ Dinner was held at The Explorer Hotel on September 17,

2016. Our distinguished guests this year were the Honourable Justice C. Gascon of the

Supreme Court of Canada and his wife, the Honourable Judge Lavigne. Guests had

their choice of prime rib, char, or vegetarian. We offered three bottles of complimentary

wine on each table. The dinner started with three drummers from the Yellowknives

Dene First Nation offering a prayer. Justice Gascon then gave his speech, which

provided some interesting insight into the internal workings of the SCC. Presidents

Nick Leeson (CBA) and Shannon Cumming (Law Society) presented Sandy Aitken with

this year’s Presidents’ Award for her years of outstanding service to the legal

community in the NWT.

While the Social Committee works with the CBA to plan the Presidents’ Dinner, we do

not plan the other events that occur during the weekend the Justice from the SCC visits.

We recommend that the Law Society and the CBA set up a committee to organize those

events.

Meet the Students and New Associates

Meet the Students and New Associates was held at Twist on November 8, 2016. This

event was cancelled last year due to a lack of articling students. This year, we

introduced two articling students, a student law clerk, and a number of associates.

Meet the Students is typically held at The Explorer Hotel, so this was a new venue for

us. Although I did not attend, my understanding from others is that the event went

very well. The manager at Twist was wonderful to work with in planning the event.


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Christmas Dinner

The Christmas Dinner will be held on December 3, 2016 at the Top Knight. The

Christmas Dinner will be held on the same day as the Law Society’s Annual General

Meeting, which is in line with tradition.

Anyone willing to assist the Social Committee with the Christmas Dinner is welcome to

contact me.

QUESTIONS, COMMENTS, AND SUGGESTIONS

Should you have any questions, comments, or suggestions about the Social Committee’s

activities, please feel free to send them to Chris at [email protected].


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mailto:[email protected]

ACCESS TO JUSTICE IN THE NWT REPORT, 2016 Margo Nightingale, Chair

Through 2016, the NWT Access to Justice Committee held 5 meetings. The Committee

membership changed during the year with the addition of a representative from the

Department of Justice, Canada. Our current membership includes:

Supreme Court Judicial representative: Justice Karan Shaner

Territorial Court Judicial representative: Judge Bernadette Schmaltz

Department of Justice, GNWT: Mark Aitken

Legal Aid Commission: Karen Wilford

CBA-NT: Caroline Wawzonek

Department of Justice, Canada: Lynn Hjartarson

LSNT Support: Donna Allen and Bob Wilson

LSNT Committee Chair: Margo Nightingale

We have reaffirmed our commitment to address barriers that limit access to justice in civil

and family law cases, and to address the needs of self-represented litigants.

In February, 2016 two reports were completed on behalf of the Committee thanks to a

financial contribution from the Law Foundation. The “NWT Justice Services, Programs

and Resources Inventory” will assist frontline workers, justice professionals and

members of the public seeking assistance, legal information or direction to services and

other justice resources. The “Inventory Project Report” provides context to the

Inventory’s content and organization, discusses the importance of maintaining the

currency of the document, and identifies existing barriers and gaps in the justice system

that negatively impact access to justice for NWT residents.

Both reports are available on the LSNT website “home” page.

The Committee took some time to review and assess the results and recommendations

within these documents. Discussions have been underway to identify appropriate next

steps, and to advocate on behalf of specific projects or programs. In particular, in 2016

the Committee has discussed or taken action on several key areas:

The Committee supported a proposal for a Legal Aid Outreach Program that will,

among other things, offer duty counsel services in family court and in child

protection court. The Program will also have the responsibility of keeping the

Access to Justice Inventory current. Initially there was hope the program would

begin in the fall of 2016. Delays in the launch of the Outreach Program have been


72

http://lawsociety.nt.ca/data/public/other/justice-inventory-final-29-feb-16.pdf

http://lawsociety.nt.ca/data/public/other/justice-inventory-final-29-feb-16.pdf

http://lawsociety.nt.ca/data/public/other/report-on-gaps-final.pdf

incurred as office renovations must be completed before the new service can

begin. Current estimates suggest the program will be operational in early 2017.

The Committee asked the Department of Justice to offer access to the Court

Registry office over the lunch hour. A pilot program began in January 2016, and

despite limited use during the 3-month trial period, the GNWT decided to keep

the registry open for the foreseeable future.

The Committee contacted Yellowknife School Boards and Aurora College to offer

to work together to:

o Increase their students’ general knowledge and understanding of laws, the

courts and alternative forms of dispute resolution; and

o Encourage more Northerners to choose careers in the law.

o We did not hear from the Catholic Board or Aurora College, but the

Superintendent of the YK1 School Board, Metro Huculak announced his

keen support of the ideas at a Board meeting in April, and met with

members of the Committee on April 27, 2016. In that meeting, Supt.

Huculak discussed his intention to develop a Law10 curriculum, and we

offered our help to ensure the curriculum reflects the laws, procedures and

practices in the NWT. He was also interested in our offer to present various

in-class information sessions to students in middle schools or at Ecole Sir

John Franklin High School. . Our list of potential topics included:

o Interacting with police: being detained, being arrested, being charged

o How does a lawyer / client relationship work?

o Who’s who in youth court and how does youth court work?

o Employment laws and young people

o Driving offences

o Cyber-crimes and youth – what are they, when does something become

criminal, what do you do if you feel like a target?

o What is consent to sexual contact?

o Combatting hatred and discrimination with the law

o Separation and divorce – how does the law affect youth?

o The legal obligations of parenting - no matter how young the parents

Correspondence was recently sent to the Principal of Ecole Sir John Franklin High School

to renew the invitation to make these presentations.

An initial call to our membership to join a Speakers’ Bureau, six members put their names

forward. If you would also like to be called upon to present one of the identified topics,

or others of relevance to youth, please contact Bob Wilson.


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The Committee has begun internal discussions about the potential benefits of:

A resource centre available for the public;

The establishment of a Justice Navigator/Advocate; and

Expanding the scope of the Outreach Program to offer services outside

Yellowknife.

The Committee has identified the importance of offering CPD sessions on using plain

language in all aspects of the work we do, so our clients and other participants in justice

related matters can better understand the proceedings and the law itself. Identifying

existing courses is underway.

Our Committee is also part of a National Access to Justice Committee (dubbed “NAC

2.0”) that meets in person once a year and has conference calls as needed through the

year. At the March 2016 in person meeting, attendees discussed the national course of

access to justice initiatives, and committed to ensure that all new projects and programs

reflected common core values articulated in the Final Report of the NAC Report:

1. Refocus the Justice System to Reflect and Address Everyday Legal Problems

2. Make Essential Legal Services Available to Everyone

3.Make Courts and Tribunals Fully Accessible MultiService Centres for Public

Dispute

4.Make Coordinated and Appropriate Multidisciplinary Family Services Easily

Accessible

5. Create Local and National Access to Justice Implementation Mechanisms

6. Promote a Sustainable, Accessible and Integrated Justice Agenda through Legal

Education

7. Enhance the Innovation Capacity of the Civil and Family Justice System

8.Support Access to Justice Research to Promote Evidence-Based Policy Making

9. Promote Coherent, Integrated and Sustained Funding Strategies


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RULES COMMITTEE REPORT Sarah Kay, Chair

This year there are a number of rule amendments submitted to the AGM with a recommendation for

confirmation under section 8 of the Legal Profession Act. This year’s committee was composed of

Mark Aitken, Thomas Druyan, Matthew Yap, Ian Rennie and Sarah Kay.

Most proposed amendments clarify existing rules and modernize other aspects of Law Society

business. As set out in the Resolution Notice, the changes are as follows:

1) To amend the Rules to clarify when the Secretary is authorized to use the seal of the Law

Society;

2) To amend the Rules to remove the requirement for the Law Society to pay by cheque and

thereby allow for electronic payments. It also clarifies the payment process;

3) To amend the Rules to clarify the references to the forms required to be submitted:

Application for Admission as Member (Form 2.1), Application for Admission as Student-

At-Law (Form 2.5), Application for Admission as Member by Student-at-Law (Form 2.9),

Application for a Restricted Appearance Certificate (Form 2.12) and Application for

Admission as Canadian Legal Advisor (Form 2.13).

4) To amend the Rules to allow a new member to request from the Executive a delay of up

to 90 days before being required to submit the Accountant’s Report. This provides time

for the accounting and trust systems required by the Rules to be set up;

5) To amend the Rules to require only one original copy of the Articles of Clerkship (Form

2.6) to be signed, along with two copies.

6) To amend the Rules to require applications for admission to be reviewed by the

Secretary and referred to the Admissions Committee. Deletes the requirement to refer

applications for Restricted Appearance Certificates and Canadian Legal Advisor

Certificates to the Admissions Committee.

7) To amend the Rules to correct a reference to a statutory provision.

8) To amend the Rules to allow an active members on various types of leave to remain

active but be exempted from the annual assessment and to set out the conditions for such

an exemption.

9) To amend the Rules to delete unnecessary duplication.

10) To amend the Rules to change the title in the Rules to the title in the Form.

11) Various housekeeping amendments to clarify Schedule “A”

This Committee continues to benefit from the assistance of the GNWT’s Legislation Division (past

and present). Those with this specialized expertise all take the time to review and comment on all of


75

the draft amendments and the product is better for their collective expertise. Ian Rennie deserves

special recognition again this year for the many, many hours he devotes to the drafting, reviewing

and revising of the Rules and often times on very short notice.

In the last few years, this Committee has functioned largely as a drafting committee, taking its

instructions from other Committees and the Executive. The new Mandate document creates a larger

policy role for this Committee, which will require a different approach and affect its workload next

year.

Moved By:

Seconded By:

That the Rule Changes be accepted as presented/amended.


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J:\Working Files\Committees\LSNWT Rules Committee\2016 Files\AL 1 211116.wpd

LEGAL PROFESSION ACT

RULES OF THE LAW SOCIETY OF THE NORTHWEST TERRITORIES, amendment

The Executive of the Law Society of the Northwest Territories, under section 8 of the LegalProfession Act and every enabling power, orders that the Rules of the Law Society of the NorthwestTerritories, established by regulation numbered R-044-2012, are amended by these regulations.

1. Subrule 3(2) is repealed and the following is substituted:

(2) The Secretary shall sign and affix the seal of the Society to annual certificates, certificates ofadmission and certificates of standing.


(2) The Executive may, by resolution, authorize at least two officers of the Society to act as signingauthorities of the Society.

(3) The authorized signing authorities referred to in subrule (2) may cause funds to be paid out from theaccounts of the Society as they consider necessary, in the manner and up to the limit, if any, specified by theExecutive.

(4) The authorized signing authorities shall report all payments made under subrule (3) to the Executive.

3. (1) Paragraph 40(1)(a) is repealed and the following is substituted:

(a) an Application for Admission as Member in Form 2.1;

(2) The following is added after subrule 40(3):

(4) Notwithstanding paragraph (1)(d), when an applicant applies for the first time for membership as anactive or inactive member, he or she may petition the Executive for a postponement of submission of thedocuments required under paragraph (1)(d) for up to 90 days, for the purposes of obtaining the documentsset out in that paragraph, by submitting a petition in a form approved by the Executive.

4. Subsection 41(1) is amended by (a) repealing paragraph (a) and substituting the following:

(a) an Application for Admission as Student-at-Law in Form 2.5;

(b) repealing paragraph (d) and substituting the following:

(d) Articles of Clerkship in Form 2.6 duly signed, with two additional copies;

5. Paragraph 49(a) is repealed and the following is substituted:

(a) an Application for Admission as Member by Student-at-Law in Form 2.9;

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6. (1) Subsection 51(1) is amended by adding "closely-related" before "matters over a limited period oftime".

(2) Paragraph 51(2)(a) is repealed and the following is substituted:

(a) an Application for Restricted Appearance Certificate in Form 2.12;

7. Paragraph 52(2)(a) is repealed and the following is substituted:

(a) an Application for Admission as Canadian Legal Advisor in Form 2.13;


56. (1) The Secretary shall review each application made under rule 40, 41, 49 or 53 and may refer theapplication or any other application to the Admissions Committee, which shall notify the Executive whetherapproval of the application is recommended, and if not recommended, the reasons why not.

9. Paragraph 57(2)(a) is repealed and the following is substituted:

(a) an Application for Change of Status from Inactive to Active Member in Form 2.20

10. Subrule 76(2) is amended by striking out "section 32.3 of the Act" and substituting"subsection 24.6(3) of the Act".

11. The following is added after rule 87:

87.1. An active member may apply for permission to maintain status as an active member but to beexempted from the annual assessment, by submitting to the Executive Director

(a) an application; and(b) an undertaking by the member not to engage in the practice of law.

(2) The Executive Director may, after consultation with the Executive, grant permission to the memberto be exempt from the annual assessment.

12. (1) Subrule 105(2) is repealed.

(2) Subrules 105(3) and (4) are renumbered as subrules 105(2) and (3) respectively.

13. Subparagraph 144(a)(i) is repealed and the following is substituted:

(i) an Application by Northwest Territories LLP in Form 9.1;

14. Subparagraph 145(a)(i) is repealed and the following is substituted:

(i) an Application by Extra-Territorial LLP in Form 9.2;

15. (1) Paragraph 149(2)(a) is repealed and the following is subsituted:

(a) a completed Application by a Northwest Territories LLP in Form 9.1 or Application by anExtra-Territorial LLP in Form 9.2, as applicable;

(2) Subrule 149(5) is repealed.

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(3) Subrules 149(6) and (7) are renumbered as subrules 149(5) and (6) respectively.

16. Schedule A is repealed and the Schedule in Appendix 1 to these regulations is substituted.

17. Schedule B is amended by (a) repealing Forms 2.1, 2.5, 2.9, 2.12, 2.13 and 2.20 and substituting those forms set out in

Appendix 2 to these regulations; and(b) repealing Forms 9.1 and 9.2 and substituting those forms set out in the Appendix 3 to these

regulations..

Dated December 3, 2016.

I certify that this is a true copy of the amendments made to the Rules of the Law Society of the NorthwestTerritories by the Membership of the Law Society of the Northwest Territories at the Annual GeneralMeeting of December 3, 2016.

Donna AllenExecutive Director

[Deputy Secretary Treasurer]

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APPENDIX 1

SCHEDULE

FEES

Item Description Reference Amount ($)

1. Regular Members

(a) Application (where member not struck fromRoll)

40(1)(g) 200

(b) Application (where member struck from Roll) 40(1)(g) 500

(c) Admission 40(1)(g) 225

(d) Annual (active member) 40(1)(g) 1250

(e) Annual (inactive member) 40(1)(g) 225

(f) Change of status - inactive to active member 57(2)(f) 200

(g) Late fee for reporting continuing professionaldevelopment

71(1)(d) 250

(h) Reinstatement of suspended member (foreach year or part of a year membersuspended)

82(1) 250

2. Students-at-Law

(a) Application 41(1)(e) 25

(b) Admission 41(1)(e) 100

(c) Application as member 49(g) 75

(d) Admission as member 49(g) 225

(e) Annual as member (active) 49(g) 1250

(f) Assignment of articles 44(2) 15

(g) Reinstatement of articles 83(1)(c)

3. Restricted Appearance

(a) Application 51(2)(g) 200

(b) Admission 51(2)(g) 425

(c) Renewal 51(5)(b) 150

4. Canadian Legal Advisor

(a) Application 52(2)(h) 200

(b) Admission 52(2)(h) 225

(c) Annual (active) 52(2)(h) 1250

(d) Annual (inactive member) 52(2)(h) 225

(e) Change of status - inactive to active 52(2)(h) 200

(f) Reinstatement of suspended member (foreach year or part of a year membersuspended)

52(2)(h) 250

5. Law Student

(a) Application 53(1)(e) 25

(b) Enrolment 53(1)(e) 50

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6. Limited Liability Partnerships (LLP)

(a) Change notice registration 143(3) 25

(b) Registration (Territorial LLP) (per partner) 144(a)(ii) 100

(c) Registration (Extra-territorial LLP) (per partner) 145(a)(ii) 100

(d) Annual renewal of certification (per partner) 149(2)(c) 50

7. Law Professional Corporation (Law PC)

(a) Change notice registration 151(2) 25

(b) Registration (territorial) (per permit renewal) 152(2)(b) 300

(c) Registration (extra-territorial) (per permitrenewal)

153(2)(b) 300

(d) Law PC change of name registration 155(3)(c) 150

(e) Annual permit 156(1)(d) 150

(f) Annual renewal (per permit renewal) 157(2)(c) 150

(g) Copies of corporate register (per page) 162(2) 1

(h) Certificate of status 162(2) 50

8. Assurance Fund

(a) Levy 87 150

9. Miscellaneous

(a) Special examination fee (per examination) 25

(b) Copies (per page) 1

5


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APPENDIX 2

FORM 2.1

(Paragraph 40(1)(a))

APPLICATION FOR ADMISSION AS MEMBER

TO: The SecretaryLaw Society of the Northwest Territories

I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (full name)apply for admission as an active . . . . . . . or inactive . . . . . . . (check one) member to the Law Society of

the Northwest Territories.

1. The address to which correspondence is to be sent to me is:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The street address at which my office is or will be located (if different from the above) is:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone number ( ) . . . . . . . . . . . . . . . Fax number ( ) . . . . . . . . . . . . . . . . . . . . . .

E-Mail: . . . . . . . . . . . . . . . . . . . . . . . . . .

2. My date of birth is: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. I received a common law degree from: . . . . . . . . . . . . . . . . . on . . . . . . . . . . . . . . . . , . . . . (name of university)

4. (1) I am or have been a member of the following law societies, or comparable bodies, for the followingperiods of time:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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(2) I have been actively engaged in practising law in the following jurisdictions for the following periodsof time:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) No disciplinary proceedings are pending or have been taken against me as a member of thesocieties or bodies listed in subsection (1), other than:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The results of any disciplinary proceedings taken against me were:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) No claims for lawyer’s professional liability insurance are pending or have been made against meas a member of the societies or bodies listed in subsection (1), other than:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The results of any claims for lawyer’s professional liability insurance made against me were:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. I am presently practising law with the following firm or employer or under the firm name of:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(name of firm or employer)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(business address of firm or employer)

6. I will be principally practising law in: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(name of jurisdiction)

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7. (1) Instructions: Please respond to the following statements by marking YES or NO:

YES NO

(a) I have since attaining 18 years of age been convictedof an offence under the Criminal Code, the ControlledDrugs and Substances Act, the Food and Drugs Act,the Income Tax Act, the Income Tax Act (Canada),the Bankruptcy and Insolvency Act, the Excise TaxAct, legislation of any province or territory respectingsecurities or income tax or any legislation similar toany of the foregoing in any other jurisdiction.

( ) ( )

(b) I have been adjudged a bankrupt in a legal proceeding. ( ) ( )

(c) I have changed my name. ( ) ( )

(d) I have had a civil judgment made against me relating tofraud.

( ) ( )

(e) I am a judgment debtor. ( ) ( )

(f) I have been found guilty in a disciplinary actioninstituted against me as a member of a professionalorganization.

( ) ( )

(g) I have been held in civil contempt. ( ) ( )

(2) I have attached full particulars in respect of each affirmative response to the statements set outin paragraphs (a) to (g).

8. Annexed to this application are:

(a) two letters of good character, as referred to in paragraph 40(1)(b) of the Rules of the Law Societyof the Northwest Territories;

(b) a certificate from each provincial or territorial law society of which I am a member stating:

(i) that I am in good standing;

(ii) the period of time during which I have been listed as an active member of thesociety or body;

(iii) whether disciplinary proceedings are pending against me;

(iv) the nature and disposition of any disciplinary action that has been taken againstme;

(c) an Accountant's Report in Form 2.2 or my Statutory Declaration in Form 2.3 or a statementindicating that I am joining a partnership that, or am becoming associated with a memberwho, has filed a Certificate of Accountant and Member in Form 2.4;

(d) if applicable, the insurance levy or my Insurance Exemption Certificate and Undertaking;

(e) if applicable, the assurance fund levy;

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(f) the prescribed application, admission and annual fees.

9. I certify that the information I have provided in or annexed to this application is correct.

10. I undertake with the Law Society of the Northwest Territories that I will, during my enrolment,well and faithfully keep and perform all my obligations as a barrister and solicitor and as amember of the Society and abide by the Legal Profession Act, the Rules of the Law Society ofthe Northwest Territories and the requirements of the Law Society.

11. I authorize the Law Society of the Northwest Territories to make enquiries of any person, otherlaw societies, any government, any official or body, including the police or academic authority,with regard to any of the statements in this application or in any document provided inconnection with this application. I authorize any law society of which I am or ever have been amember or any other persons or organizations enquired of, under this authorization, to provideall information requested.

12. I consent to receiving emails from the Law Society of the Northwest Territories apprisingmembers and other interested parties of relevant information such as, but not limited to, keydates, meetings, events, general community notices and professional developmentopportunities. I understand that I may withdraw my consent at any time by clicking the"unsubscribe" link at the bottom of the emails. I understand that if I unsubscribe from theemails I assume full and sole responsibility for regularly visiting the website of the Society forregulatory and other Notices as well as general information relevant to my membership in theSociety.

Dated at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 20 . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (signature of applicant)

The personal information collected in this form will be used by the Law Society of the Northwest Territoriesfor one or more purposes contemplated by the Legal Profession Act, the Rules of the Law Society of theNorthwest Territories, the Code of Professional Conduct, or a resolution of the Executive, and will beaccessible to all departments of the Law Society and where applicable the Alberta Lawyers InsuranceAssociation. The information may be used or disclosed by the Society, now or in the future, for regulatorypurposes, including Society investigations and proceedings. We may contact you to obtain additionalinformation, or to obtain clarification on the information you provided. Should you have any questionsabout the collection, use or disclosure of this information, please contact the Executive Director of the LawSociety at (867) 873-3828.

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85

FORM 2.5


APPLICATION FOR ADMISSION AS STUDENT-AT-LAW


I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for admission to the Law Society of the Northwest Territories as a student-at-law.

1. The address to which correspondence is to be sent to me is:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


E-Mail: . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. My date of birth is: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


4. (1) I am or have been a member of the following law societies, or comparable bodies for the periodof time:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) No disciplinary proceedings have been taken against me as a member of the societies or bodieslisted in subsection (1), other than:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The results of any disciplinary action taken against me were:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10


86

(4) No claims for lawyer’s professional liability insurance are pending or have been made against meas a member of the societies or bodies listed in subsection (1), other than:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


YES NO

(a) I have since attaining 18 years of age beenconvicted of an offence under the CriminalCode, the Controlled Drugs andSubstances Act, the Food and Drugs Act,the Income Tax Act, the Income Tax Act(Canada), the Bankruptcy and InsolvencyAct, the Excise Tax Act, legislation of anyprovince or territory respecting securities orincome tax or any legislation similar to anyof the foregoing in any other jurisdiction.

( ) ( )

(b) I have been adjudged a bankrupt in a legalproceeding.

( ) ( )


(d) I have had a civil judgment made against merelating to fraud.

( ) ( )


(f) I have been found guilty in a disciplinaryaction instituted against me as a member ofa professional organization.

( ) ( )


(2) I have attached full particulars in respect of each affirmative response to the statements set outin paragraphs (a) to (g).


(a) a copy of my degree of law or my transcripts showing completion of a law program;

(b) two letters of good character;

(c) Articles of Clerkship in Form 2.6, with two copies;

(d) payment of the prescribed application and admission fees.

11


87


8. I undertake with the Law Society of the Northwest Territories that I will at all times during my termas a student-at-law faithfully perform all my obligations as a student-at-law and abide by the LegalProfession Act, the Rules of the Law Society of the Northwest Territories and the requirements ofthe Society.

9. I authorize the Law Society of the Northwest Territories to make enquiries of any person, other lawsocieties, any government, any official or body, including the police or academic authority, withregard to any of the statements in this application or in any document provided in connection withthis application. I authorize any law society of which I am or ever have been a member or anyother persons or organizations enquired of, under this authorization, to provide all informationrequested.

10. I consent to receiving emails from the Law Society of the Northwest Territories apprising membersand other interested parties of relevant information such as, but not limited to, key dates, meetings,events, general community notices and professional development opportunities. I understand thatI may withdraw my consent at any time by clicking the "unsubscribe" link at the bottom of theemails. I understand that if I unsubscribe from the emails I assume full and sole responsibility forregularly visiting the website of the Society for regulatory and other Notices as well as generalinformation relevant to my membership in the Society.

Dated at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 20 . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (signature of applicant)

AFFIDAVIT

I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in the Northwest Territories make oath and say that I am the applicant in the above application and theinformation contained in the application is true.

SWORN BEFORE ME at: )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (signature of applicant)

this . . . . . . day of . . . . . . . . . . , 20 . . . . )

Commissioner for Oaths/Notary Public

12


88


13


89

FORM 2.9

(Paragraph 49(a))

APPLICATION FOR ADMISSION AS MEMBER BY STUDENT-AT-LAW


I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . apply (full name)for admission as a member of the Law Society of the Northwest Territories.

1. The address to which correspondence is to be sent to me is:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


E-Mail: . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. My date of birth is: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. I was admitted to the Law Society of . . . . . . . . . . . . . . . . . . . . as a student-at-law on . . . . . . day of . . . . . . . . . . , 20 . . . .

4. Annexed to this application are:(a) if applicable, my affidavit respecting service under my articles of clerkship;(b) if applicable, the affidavit of my principal (or principals) respecting service under my articles

of clerkship;(c) proof that I have successfully completed the bar admission course as required by the

Executive Committee of the Law Society;(d) an Accountant's Report in Form 2.2 or my Application and Lawyer's Undertaking in Form 2.3

or a statement indicating that I am joining a partnership that, or am becoming associated witha member who, has filed a Certificate of Accountant and Member in Form 2.4;

(e) the insurance levy or my Insurance Exemption Certificate and Undertaking;(f) the assurance fund levy;(g) the prescribed application, admission and annual fees.


14


90

6. I undertake with the Law Society of the Northwest Territories that I will, during my enrolment, well andfaithfully keep and perform all my obligations as a barrister and solicitor and as a member of theSociety and abide by the Legal Profession Act, the Rules of the Law Society of the NorthwestTerritories and any other requirements of the Law Society.



Dated at . . . . . . . . . . . . . . . . . . . . . . . . . . on . . . . . . . . . . . . . . . . . . . . . . . . . . , 20 . . . .

(signature of applicant)


15


91

FORM 2.12


APPLICATION FOR RESTRICTED APPEARANCE CERTIFICATE


I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . apply (full name)

for permission to appear or act as an active member of the Law Society of the Northwest Territories on the

single matter or for a number of matters over the period of time in respect of which I am applying.


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone number ( ) . . . . . . . . . Fax number ( ) . . . . . . . . . . . . . . . . . . . . . . . . .

E-Mail: . . . . . . . . . . . . . . . . . . . . . . .

2. My date of birth is: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


4. The nature of the cause or matter on which I will be appearing or acting is:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. (1) I am or have been a member of the following law societies, or comparable bodies, for thefollowing periods of time:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16


92

(2) I have been actively engaged in practising law in the following jurisdictions for the followingperiods of time:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) No disciplinary proceedings are pending or have been taken against me as a member of thesocieties or bodies listed in subsection (1), other than:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) No claims for lawyer’s professional liability insurance are pending or have been made againstme as a member of the societies or bodies listed in subsection (1), other than:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. I am presently practising law with the following firm or employer or under the firm name of:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(name of firm or employer)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(business address of firm or employer)

17


93


YES NO

(a) I have since attaining 18 years of age beenconvicted of an offence under the Criminal Code,the Controlled Drugs and Substances Act, theFood and Drugs Act, the Income Tax Act, theIncome Tax Act (Canada), the Bankruptcy andInsolvency Act, the Excise Tax Act, legislation ofany province or territory respecting securities orincome tax or any legislation similar to any of theforegoing in any other jurisdiction.

( ) ( )


( ) ( )


(d) I have had a civil judgment made against me relatingto fraud.

( ) ( )


(f) I have been found guilty in a disciplinary actioninstituted against me as a member of a professionalorganization.

( ) ( )


(2) I have attached full particulars in respect of each affirmative response to the statementsset out in paragraphs (a) to (g).


(a) two letters of good character, as referred to in paragraph 51(2)(b) of the rules;

(b) a certificate from each provincial or territorial law society of which I am a member stating

(i) that I am in good standing;

(ii) the period of time during which I have been listed as an active member of thesociety or body;

(iii) whether disciplinary proceedings are pending against me;

(iv) the nature and disposition of any disciplinary action that has been taken againstme;

(c) an Accountant's Report in Form 2.2 or my Application and Lawyer's Undertaking in Form 2.3;

(d) the insurance levy or my Insurance Exemption Certificate and Undertaking;

(e) the assurance fund levy;

(f) the prescribed application and admission fees.

18


94





Dated at . . . . . . . . . . . . . . . . . . . . . . . . . . . . on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 20 . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(signature of applicant)


19


95

FORM 2.13


APPLICATION FOR ADMISSION AS CANADIAN LEGAL ADVISOR


I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (full name)

apply for admission to the Law Society of the Northwest Territories as a Canadian Legal Advisor.


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone number ( ) . . . . . . . . . . . . . . Fax number ( ) . . . . . . . . . . . . . . . . . . . . . . .

E-Mail: . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. My date of birth is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. I received a civil law degree from:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on . . . . . . . . . . . . . . . . . . , . . . . . . . . . . (name of university)

4. (1) I am or have been a member of the following law societies, or comparable bodies for theperiod of time:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) No disciplinary proceedings have been taken against me as a member of the societies orbodies listed in subsection (1), other than:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20


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(3) The results of any disciplinary action taken against me were:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) No claims for lawyer’s professional liability insurance are pending or have been madeagainst me as a member of the societies or bodies listed in subsection (1), other than:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The results of any claims for lawyer’s professional liability insurance made against mewere:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


YES NO

(a) I have since attaining 18 years of age beenconvicted of an offence under the CriminalCode, the Controlled Drugs andSubstances Act, the Food and Drugs Act,the Income Tax Act, the Income Tax Act(Canada), the Bankruptcy and InsolvencyAct, the Excise Tax Act, legislation of anyprovince or territory respecting securities orincome tax or any legislation similar to anyof the foregoing in any other jurisdiction.

( ) ( )


( ) ( )


(d) I have had a civil judgment made against merelating to fraud.

( ) ( )


(f) I have been found guilty in a disciplinaryaction instituted against me as a member ofa professional organization.

( ) ( )


(2) I have attached full particulars in respect of each affirmative response to the statementsset out in paragraphs (a) to (g).


(a) a copy of my degree of law or my transcripts showing completion of a law program;

21


97

(b) two letters of good character;

(c) a certificate of standing from the Chambre des notaires du Québec;

(d) payment of the prescribed application and admission fees.


8. I undertake with the Law Society of the Northwest Territories that I will, during my enrolment, well andfaithfully keep and perform all my obligations as a Canadian Legal Advisor and abide by the LegalProfession Act, the Rules of the Law Society of the Northwest Territories and any other requirementsof the Law Society.



Dated at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 20 . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Signature of Applicant)

22


98

AFFIDAVIT

I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in the Northwest Territories make oath and say that I am the applicant in the above application and the

information contained in the application is true.

SWORN BEFORE ME at: )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(signature of applicant)

this . . . . . . day of . . . . . . . . . . . , 20 . . . . )

Commissioner for Oaths/Notary Public


23


99

FORM 2.20


APPLICATION FOR CHANGE OF STATUS FROM INACTIVE TO ACTIVE MEMBER

TO: SecretaryLaw Society of the Northwest Territories

I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . apply (full name)to change my status from an inactive member to an active member of the Law Society of the Northwest

Territories.


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone number ( ) . . . . . . . . . . . . . . . . Fax number ( ) . . . . . . . . . . . . . . . . . . . . . .

E-mail: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. I have been an inactive member since . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. As an active member, I will be practising law with the following firm or employer or under the firmname of:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(name of firm or employer)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(business address of firm or employer)

4. I will be principally practising law in:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of jurisdiction)

5. (1) I am or have been a member of the following law societies, or comparable bodies, for thefollowing periods of time:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24


100

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Since the later of my Application for Admission in Form 2.1 or my last Application forRenewal or Reinstatement in Form 2.22, I have been actively engaged in practising law inthe following jurisdictions for the following periods of time:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Since the later of my Application for Admission in Form 2.1 or my last Application forRenewal or Reinstatement in Form 2.22, no disciplinary proceedings are pending or havebeen taken against me as a member of the societies or bodies listed in subsection (1), otherthan:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Since the later of my Application for Admission in Form 2.1 or my last Application forRenewal or Reinstatement in Form 2.22, no claims for lawyer’s professional liabilityinsurance are pending or have been made against me as a member of the societies orbodies listed in subsection (1), other than:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The results of any claims for lawyer’s professional liability insurance listed in subsection (5)were:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


(a) a certificate from each provincial or territorial law society of which I am a memberstating:(i) that I am in good standing;(ii) the period of time during which I have been listed as an active member of the

society or body;(iii) whether disciplinary proceedings are pending against me; and(iv) the nature and disposition of any disciplinary action that has been taken

against me;

25


101

(b) an Accountant's Report in Form 2.2 or my Application and Lawyer's Undertaking Form2.3 or a statement indicating that I am joining a partnership that, or becomingassociated with a member who, has filed a Certificate of Accountant and Member inForm 2.4;

(c) the insurance levy or my Insurance Exemption Certificate and Undertaking;

(d) the assurance fund levy;

(e) the prescribed fees for a change of status to an active member.





Dated at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on . . . . . . . . . . . . . . . . . . . . . . . . . , 20 . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(signature of applicant)


26


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APPENDIX 3

FORM 9.1

(Subparagraph 144(a)(i)and paragraph 149(2)(a))

APPLICATION BY A NORTHWEST TERRITORIES LLP

This is an application by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a partnership for which the partners intend to

[ ] register a Northwest Territories Limited Liability Partnership (LLP). (The partners seekcertification by the Law Society of the Northwest Territories of the proposed LLP); or

[ ] renew a current LLP Permit.


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone number ( ) . . . . . . . . . . . . Fax number ( ) . . . . . . . . . . . . . . . . . . . . . . . .

E-Mail: . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The following members of the Law Society of the Northwest Territories and others authorized bythe Law Society of the Northwest Territories to practise law are partners in the partnership:

[If this space is insufficient, please add additional sheets as annexes to this form]

Full Name Roll # Professional Corporation #(if applicable)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27


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3. The applicants who have affixed their signatures to this application are authorized by the partnershipto do so.

4. The partnership intends to apply for registration with the Government of the Northwest Territories asa Northwest Territories LLP under Part III.1 of the Partnership Act and will inform the Law Society ofthe Northwest Territories if it does not do so within 30 days after signing this form.

5. Each of the persons who will carry on the practice of a barrister and solicitor on behalf of thepartnership is an active and insured member of the Law Society of the Northwest Territories.

6. The partnership will inform the Secretary of the Law Society of the Northwest Territories of anyadditions or deletions from the list of partners in the partnership, and will do so before or immediatelyafter the addition or deletion takes place.

7. The name and address (business and residential) address of the partner who is designated as therepresentative of the partnership in respect of matters relating to the partnership is:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


E-Mail: . . . . . . . . . . . . . . . . . . . . . . . . . .

Dated at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , on the . . . . . day of . . . . . . . . . . . . . . . . . . . . , 20 . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of partnership) (partner signing on behalf of partnership)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

STATEMENT OF THE LAW SOCIETY’S CERTIFICATION

I certify that the partnership named in this application has registered with the Law Society of the NorthwestTerritories, that the partners in the partnership who are members of the Law Society of the NorthwestTerritories are covered by liability insurance in the form and amount required for that purpose by the Rulesof the Law Society of the Northwest Territories, and that the partnership and partners meet all othereligibility requirements for registration as an LLP that have been imposed by the Executive under the LegalProfession Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (signature of Secretary)


28


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FORM 9.2

(Subparagraph 145(a)(i) and paragraph 149(2)(a))

APPLICATION BY EXTRA-TERRITORIAL LLP

This is an application by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a partnership which the partners intend to

[ ] register an Extra-Territorial Limited Liability Partnership (LLP). (The partners seekcertification by the Law Society of the Northwest Territories of the proposed LLP); or

[ ] renew a current Extra-Territorial LLP Permit.

The address of the partnership is:


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


E-Mail: . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The following members of the Law Society of the Northwest Territories and others authorized bythe Law Society of the Northwest Territories to practise law are partners in the partnership.

[If this space is insufficient, please add additional sheets as annexes to this form]

Full Name Roll # Professional Corporation #(if applicable)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The applicants who have affixed their signature to this application are authorized by the partnershipto do so.

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4. Enclosed with this application is proof of registration of the partnership in every other jurisdiction inwhich it is registered.

5. The partnership intends to apply for registration with the Government of the Northwest Territories asa Northwest Territories LLP under Part III.2 of the Partnership Act and will inform the Law Society ofthe Northwest Territories if it does not do so within 30 days.

6. Each of the persons who will carry on the practice of a barrister and solicitor on behalf of thepartnership is an active and insured member of the Law Society of the Northwest Territories.

7. The partnership will inform the Secretary of the Law Society of the Northwest Territories of anyadditions or deletions from the list of partners in the partnership, and will do so before or immediatelyafter the addition or deletion takes place.

8. The name and address (business and residential) address of the partner who is designated as therepresentative of the partnership in respect of matters relating to the partnership is:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


E-Mail: . . . . . . . . . . . . . . . . . . . . . . . . . .

Dated at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , on the . . . . . day of . . . . . . . . . . . . . . . . . . . , 20 . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Partnership) (Partner Signing on behalf of Partnership)

STATEMENT OF THE LAW SOCIETY’S CERTIFICATION

I certify that the partnership named in this application has registered with the Law Society of the NorthwestTerritories, that the partners in the partnership who are members of the Law Society of the NorthwestTerritories are covered by liability insurance in the form and amount required for that purpose by the Rulesof the Law Society of the Northwest Territories, and that the partnership and partners meet all othereligibility requirements for registration as an LLP that have been imposed by the Executive under the LegalProfession Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary


30


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MOVED BY Susan McKinney

SECONDED BY

THAT the reports be accepted as presented


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REPORT FROM THE LEGAL AID COMMISSION Caroline Wawzonek, Chair

The role of the Legal Aid Commission is defined by the Legal Aid Act to include setting

policy for the provision of legal aid in the Northwest Territories, to establish, oversee and

evaluate programs for the provision of legal aid services and to increase public

knowledge of the law and the administration of justice. The Commission is independent

from the Government of the Northwest Territories, but functions within a framework of

accountability to government with respect to the expenditure of public money. Two full

day meetings are held per year plus ad hoc consultations whenever needed. The most

frequent function of the Commission is the hearing of appeals in cases where legal aid has

been denied or if lawyers feel their accounts have been reduced without justification.

LAWYER FEEDBACK & OUTCOMES

Upon my invitation, I had the opportunity to correspond with several lawyers who are

engaged in the delivery of legal aid services either as staff lawyers with the Commission

or as members of the panel.

Some of those discussions centered on concerns that do not fall squarely within the

Commission’s mandate but, where requested by the lawyer involved, I have always

raised the concern or issue with either or both the Executive Director and my fellow

Commission members. I believe there is a value in being able to raise ideas or concerns

knowing that they will be heard. On other occasions, the lawyer and I brainstormed

options on how best to address an issue relevant to his or her practice; this has been a

valuable experience for me and I hope for the others involved.

I note that my invitation is always open and I would encourage all lawyers to contact me

with ideas to improve the delivery of legal aid services in the Northwest Territories.

CONFLICT POLICY

One long standing issue is the challenge of managing ethical responsibilities to clients in

the context of operating as duty counsel, show cause counsel as well as assigned client-

specific counsel in a small jurisdiction. Obviously, lawyers must not act in conflict against

a client; but the Legal Aid Commission is also an active part of ensuring access to justice

and assisting in the administration of justice across the Northwest Territories. A clear

policy on conflicts was clearly needed to provide more in depth guidance.

The Commission’s policies as a whole are undergoing a complete review in order to be

up to date with best practices and responsive to the realities of the Commission’s work.


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It is an ongoing process. The conflict policy was an immediate target and a draft emerged

from research and input from both lawyers and the Commission, which included

lawyers’ comments to me. An interim policy is now in use but still subject to being

reviewed by counsel from outside the jurisdiction; one a specialist in ethics and the other

a defense lawyer with experience dealing with lawyer regulation.

OPENNESS

Some colleagues questioned whether the Commission’s meetings or minutes could be

made open to the public. Legal Aid Ontario, for example, publishes summary minutes

online. Our Commission has agreed to seek out further information including canvassing

other jurisdictions in order to evaluate best practices.

COVERAGE FOR FIRST TIME IMPAIRED CHARGES

A long standing concern in the criminal bar has been the policy of denying coverage for

Territorial offences and first time impaired or “over 80” charges unless there was a

reasonable likelihood the accused would face jail or a loss of livelihood as a result of

conviction. I am pleased that as of the last in-person meeting, an interim pilot project was

established where impaired and “over 80” charges will be funded upon receipt of a legal

opinion confirming threshold merits in the case. Counsel are permitted a further one hour

of billable to time in order to complete the opinion.

BRYDGES LINE

Despite inquiries by our ED both to other jurisdictions who use the same service as well

as to counsel who might provide an alternative, there remains no change to the way the

Brydges service is delivered in the Northwest Territories. I encourage all counsel – Crown

or defense – who are aware of either an unanswered line or scant advice that may later

impact upon proceedings and encourage Charter litigation to contact either me or the ED

directly with the example. For now the matter remains on the Commission’s meeting

agenda.

OUTREACH CLINIC

The Commission is very pleased that the Legal Outreach Clinic currently staffed on

Tuesdays with occasional travel to communities for single day engagements is finally

becoming a full time clinic. It is anticipated that the clinic will be fully operational early

in 2017 and will include both scheduled drop in days in Yellowknife as well as regular

travel to circuit communities. The Outreach Legal Aid Clinic will also provide Duty

Counsel services in family law in child protection proceedings in Territorial Court and

for Supreme Court chambers.


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REPORT ON THE FEDERATION OF LAW SOCIETIES Sheila MacPherson

Another year has come and gone and the work of the Federation of Law Societies of

Canada (FLSC) remains as active as ever. For those of you that are unfamiliar with the

FLSC, it is a voluntary organization of all 14 of Canada's law societies, who between

them, regulate over 140,000 Canadian lawyers and notaries. The Federation's primary

role is to enhance communications and coordination of various initiatives.

I have been your Council representative for the past 3 1/2 years. Effective November

15th, my term as your Council representative will come to an end as I move up the

ladder of the Executive, becoming the first Vice President of the Federation for a year

and then the President in November 2017. Karen Wilford has agreed to take on the

Council representative role and I am confident the Law Society of the NWT and the

public will be well served by Karen.

Some highlights of the past year were:

Governance

The Federation finally passed new governance policies in March 2016, bringing to an

end a lengthy process of introspection and self-assessment. The governance policies

more clearly define the role and responsibilities of Council members and the Executive

as well as providing for more transparency around debates and decision making. A

solid foundation for good governance has been set with the passage of the new policies.

National Committee on Accreditation

Council has decided to review the accreditation process for foreign law graduates with

a view to determining whether the testing process fairly tests the skills and

competencies that are required to practice law in Canada. This review is underway

and should be concluded sometime in the 2017 year.

The National Requirement Review Committee

This Committee released a draft report on the issue of whether an anti-discrimination

covenant should be added to the National Requirement (the National Requirement

being the list of competencies expected of law graduates and law schools). For the

time being, consultation has been suspended pending the outcome of the SCC appeals

underway in both British Columbia and Ontario.


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Litigation

On the litigation front, the FLSC has been active in applying for intervenor status in

several cases before the SCC. In May, 2016, the SCC heard the matter of the Information

and Privacy Commissioner of Alberta v. Board of Governors of the University of Calgary, a

case dealing with the issue of whether the Alberta IPC should have the right to review

documents that an organization claims are covered by solicitor client privilege with a

view to determining whether the privilege has a properly been asserted. The FLSC

intervened to provide comment on the important role that privilege has in Canadian

law and took the position that a claim of privilege should properly only be determined

by the courts. The FLSC also applied for and was granted leave to intervene in the case

of Green v. The Law Society of Manitoba, a case dealing with the power of law societies to

impose compulsory professional development courses on its members and to sanction

for failure to meet that obligation. This case was argued last week and decision was

reserved. The FLSC has been fortunate in that we have been well served by counsel

who act for it on a pro bono basis. However, in an effort to be more transparent and

inclusive in the selection of counsel for the FLSC on these significant cases, the FLSC

will be adopting a policy around the selection of counsel to act for the FLSC with the

objective of ensuring that we has as broad a base as possible from which to select

counsel.

Public Affairs and Government Relations Committee

In an effort to be more "nimble" and to have a vehicle to address policy issues, the FLSC

created a new committee this year, the Public Affairs and Government Relations

Committee. I chair this committee and its membership is broadly reflective of the

geographic diversity of the law societies. The creation of the Committee coincided with

the ramping up of the federal liberal government on policy issues. In August alone, the

FLSC was asked to comment on three issues of national importance; being the

regulation of patent agents, the appointment process for the judiciary and reforms to

the judicial discipline process. In addition, the Committee is responding to the urgent

need to review the model rules around money laundering and client identification,

particularly in the areas of enforcement of these rules given a recent negative

assessment given to Canada by the Financial Action Task Force Report. Additionally,

the committee dealt with the issue of the government's seeming departure from the

convention around the appointment of SCC judges based on regional considerations.

On this issue, the Committee, and subsequently the FLSC, arrived at the conclusion that

they could not reach consensus to speak out publicly on this issue, given the diversity of

views amongst law societies.


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National Admissions Exam

As some of you may know, the concept of a national admissions exam has been the

subject of much debate at the FLSC and committee level for a number of years. With

mobility, the benefits of ensuring consistency in evaluating lawyer competencies is self-

evident. Unfortunately, for a variety of reasons, including Ontario's urgent need to

move quickly in its articling program given the articling crisis in Ontario, there was

ultimately no consensus on moving forward with a national exam. There is some

movement towards a regional approach to testing in western Canada and it may well

be, like mobility, that the seeds of more harmonization in the exam process will have to

be sown on a regional basis before a national initiative can flourish. In June, Council

voted to discontinue the national exam initiative but I suspect we have not seen the end

of this idea.

CanLII

CanLII continues to carry out its primary function, being the electronic publication of

Canadian judgments and decisions. There is a steady and significant increase in the

use of CanLII by the legal profession and members of the public, with it displacing

conventional paid sources of law. CanLII continues to add to its collection and is

currently consulting law societies and users on broader expansion initiatives.

Truth and Reconciliation Commission Calls to Action

Lastly, but by no means less importantly, the FLSC created a committee in March 2016

to provide advice on a process for responding to the recommendations directed to law

societies and law schools contained in the Truth and Reconciliation Report released in

June 2015. Discussions of the TRC recommendations revealed that every law society is

attempting to grapple with the recommendations and our own Shannon Cumming led

the way in convincing Council to create a national committee tasked with bringing a

nationals approach to this very important issue. Shannon was appointed to chair the

TRC Process Committee. The Committee's report, recommending a broad and

expansive approach to addressing the recommendations, will be debated by Council in

its December meeting.

In conclusion, the issues that the Federation have dealt with over the past year (and

indeed, over my term as Council member) have been as broad and varied as the

geographic nature and diversity of our country. I come away from each meeting in

awe of the amazing people who lead Canadian law societies. To a person, they are

interested and committed to the regulation of the profession in the public interest.

There is a broad and sincere recognition of the challenges of small law societies,

particularly northern law societies, and a real willingness to assist us as we carry out


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our mandate. Being involved in the Federation has made me see how we can make a

difference on the national stage in a variety of different ways. Shannon's lead role in

moving the TRC recommendations to the top of the agenda for the Federation is one

example of the NWT punching above its weight at the national level.

While my work as your Council member is over, I will be involved on a more intense

basis as I move up the executive ladder over the next two years. It has been an honour

to serve on Council and I look forward supporting Karen as she assumes the Council

role and to being the first President of the FLSC from the NWT.


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Northwest territories Law FouNdatioN – 2016 aNNuaL report | A

NOrthwest territOries law fOuNdatiON34rd AnnuAl report

For the period ending June 30, 2016

NORTHWEST TERRITORIES LAW FOUNDATIONLaw Society of the Northwest Territories

39th Annual General Meeting December 3, 2016

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1 PURPOSE

1 OBJECTIVES

2 ADMINISTRATION

2 BOARD AND MANAGEMENT

2 JOHN U. BAYLY MEMORIAL FUND

2 SCHOLARSHIPS

3 GRANTS AWARDED

4 CHAIR PERSONS REPORT

5 FINANCIAL STATEMENT

CONTENTS


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Northwest territories Law FouNdatioN – 2016 aNNuaL report | 1

OBJeCtiVes

The objectives of the Law Foundation are to use the funds collected in this manner to provide funding in the following areas:

PurPOse

The Northwest Territories Law Foundation was established pursuant to Part VII of the Legal Profession Act for the purpose of receiving the interest which banks must pay on clients’ funds held by lawyers in mixed trust accounts. It is similar in form to Law Foundations established in most provinces.

• conducting research into and recommending reform of the law and the administration of justice;

• establishing, maintaining and operating law libraries;

• contributing to the legal education and knowledge of members and the people of the Northwest Territories and providing programs and facilities for that purpose;

• providing assistance to legal aid programs and programs of a similar nature;

• contributing to the Assurance Fund; and

• to do all other things that are, in the opinion of the board, incidental or conducive to the attainment of these objects.

2 | Northwest territories Law FouNdatioN – 2016 aNNuaL report

adMiNistratiON

The affairs of the Foundation are conducted by a Board of Directors composed of five members, four being members of the Law Society and appointed by the Executive of the Law Society and one who is not a member of the Law Society and is appointed by the Commissioner. The Directors serve for a term of two years.

The Directors meet as required to decide on policy matters and to deal with the general administration of the Foundation including policy as to the collection and investment of funds. A “grant meeting” is held once a year to consider all requests for funding for that fiscal year.

Administration and management services are provided through an Executive Manager who is engaged on a contract basis.

BOard aNd MaNaGeMeNt 2015 - 2016

CHAIRPERSON: MALINDA KELLETT

DIRECTOR: THOMAS DRUYAN

DIRECTOR: PAUL PARKER

DIRECTOR: MICHAEL WOODWARD

LAY MEMBER: DARRELL BEAULIEU

EXECUTIVE MANAGER: WENDY CARTER

JOhN u. BaYlY MeMOrial fuNd

The John U. Bayly Memorial Fund was established in the memory of the late John U. Bayly, Q.C., a prominent member of the Northwest Territories bar for 30 years, to encourage and facilitate the development of mediation skills to a resident member in good standing of the Northwest Territories Bar.

sChOlarshiPs

The Northwest Territories Law Foundation/Graeme Garson Bursary Fund has monies available to assist law students in pursuing their legal studies and to encourage Northwest Territories graduates of law school to return to work in the Northwest Territories after their law studies. Qualified applicants are eligible for an award of $2,000 per year for three years while attending law school and this money is not repayable. When the student secures an articling position in the Northwest Territories, and if they continue to work in the area of law in the Northwest Territories for an additional year after articles, the Fund will assist them in the amount of $7,000 per year for two years, for an overall commitment of $20,000 per student.

Scholarships for the 2015-2016 school year were awarded to, Alexandra Ballantyne, Aaran Ferguson, Brendan Bachand, and Donna Henderson totaling $8,000.00.


GraNts awarded

CANADIAN LEGAL INFORMATION INSTITUTE (CANLII) - $ 5,000To provide funding for the CANLII project (a Virtual Law Library). CANLII is a not for profit organization created by the Federation of Law Societies of Canada. Their objective is to provide, by means of electronic access through the internet, free access to primary legal materials for members of the legal profession and the public. The project is funded based on the number of members of the bar in each province or territory. This contribution covers a portion of the cost assessed for the Northwest Territories bar.

NATIVE LAW CENTRE – $2,500To assist with core funding for the Program of Legal Studies for Native People (PLSNP), a long standing project at the University of Saskatchewan which serves Aboriginal students and law schools across the country. The PLSNP encourages law schools to recruit and retain Aboriginal law students and encourages Aboriginal students to consider

careers in the law. Each summer, it offers an 8-week program which is recognized as the equivalent of the first-year property course by most Canadian law schools. Students who successfully complete this course are exempt from the first year property course. This gives the students extra time during the academic year to adapt to the demands of law school and enables them to transfer the skills they have developed in the context of property law to other areas of the curriculum. Since its inception in 1973 the PLSNP has attracted 31 Aboriginal Students from the NWT.

YELLOWKNIVES DENE FIRST NATION – $9,300To increase awareness in and the education of the Yellowknives Dene First Nation Community Justice Committee on the justice system and to assist in the implementation of community justice hearings and the delivery of community justice programs.


ChairPersON’s rePOrt


fiNaNCial stateMeNt

SUPREME COURT CRIMINAL BENCH AND BAR COMMITTEE Paul Falvo

The Supreme Court Bar and Bench committee, chaired by Justice Charbonneau, meets

quarterly. I attended as Law Society rep. Caroline Wawzonek attends as CBA rep.

Issues discussed in 2016 include jury lists, Pre-Trial conferences, Technology in the

Court Room, Designation of Counsel, Re-elections, Update to List of Commonly

Referred to Cases, Interview Rooms.

Updates are sent to counsel following each meeting.

Counsel with concerns or suggested agenda items can contact Paul Falvo or Caroline

Wawzonek.


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SUPREME COURT CIVIL BENCH AND BAR COMMITTEE Glen Rutland

I was appointed as the Law Society representative to the NWT Supreme Court Civil

Bench and Bar committee late this year and attended one meeting. Justice K.M. Shaner

chairs the committee. At that meeting the focus was on a discussion regarding updating

the rules of procedure and forms, and reinvigorating the Civil Rules Committee to that

end. A call for volunteers will likely follow in the new year. The purpose will be to

review and propose changes to the Rules of the Supreme Court of the Northwest Territories,

as well as the Divorce Rules, with a view to modernizing them to reflect changes in

technology, the increase in self-represented litigants and statutory revisions which have

occurred since the last revision. The Committee met earlier this year and discussed a

number of items, including e-filing, green sheets, original signatures on court orders,

timelines for the delivery of written decisions, the case management process, expansion

of legal aid outreach services and pre-hearing conferences in judicial reviews and

appeals from administrative tribunals. Members of the bar can expect a practice

direction on the pre-hearing issue shortly. The issue of e-filing and original signatures

on orders will be considered as part of the revision of the rules. In the new year, a call

will be made for a member of the family bar in private practice to join the committee.


115