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Nunavut court finally gets third judge

Appointment at least two years overdue

Nunatsiaq News

Nunavut’s understaffed court system got some badly needed help last week when Martin Cauchon, the federal minister of justice, announced the appointment of a third judge to serve within the Nunavut Court of Justice.

The new judge, Earl Johnson, who has practised law in Yellowknife since the mid-1970s, is well known in the territories.

He’ll join Nunavut’s senior judge, Justice Beverly Browne, and Justice Robert Kilpatrick on Nunavut’s bench.

In March 1999, when a federal law creating a unified Nunavut court was proclaimed, federal officials said all three Nunavut judges would likely be hired within a year.

But difficulty finding suitable candidates, and a lengthy vetting process shrouded in secrecy has delayed the appointment until now.

Candidates for judge’s jobs are first screened and ranked by a judicial appointments advisory committee. Nunavut’s seven-person committee, headed by Nora Sanders, the deputy minister of justice, is made up of judges and community members.

The committee’s list is forwarded to the Commissioner for Federal Judicial Affairs (CFJA) in Ottawa, which then passes the list to the federal justice minister.

In the end, the final decision is political. The federal justice minister makes the actual appointment.

The CFJA advertised the Nunavut judge’s job in national newspapers — an unusual move suggesting there was a limited number of candidates.

Nunavut’s one-size-fits-all unified court combines the functions of the upper and lower courts that exist in all other provinces and territories.

Everywhere else in Canada, less serious matters are heard in provincial, or territorial court, and serious matters requiring jury trials are heard in what is called "Supreme," or "Superior" court.

But the Nunavut court’s judges are able to hear all types of cases, including youth court matters.

Local justices of the peace look after many minor cases, which helps relieve some of the pressure facing the Nunavut court.

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