NCJ Number
59396
Journal
Judicature Volume: 58 Issue: 5 Dated: (DECEMBER 1974) Pages: 236-241
Date Published
1974
Length
6 pages
Annotation
THE PROBLEMS AND COMPENSATIONS PECULIAR TO THE SUPREME COURT OF THE CANADIAN NORTHWEST TERRITORIES ARE DESCRIBED.
Abstract
THE SUPREME COURT OF THE NORTHWEST TERRITORIES BRINGS LAW TO THE ISOLATED PEOPLE OF NORTHERN CANADA BY TRAVELING IN CIRCUIT TO THE VILLAGES WHERE THE PEOPLE LIVE. THE 39,000 INHABITANTS OF THE REGION ARE USUALLY PRIMITIVE AND UNSOPHISTICATED, AND THE COURT SERVES AS A BUFFER BETWEEN THEM AND THE INDUSTRIAL CIVILIZATION WHICH THEY MUST CONFRONT. THE DEVELOPMENT OF OIL AND MINERAL RESOURCES IN THE REGION FURTHER COMPLICATES THE MATTERS THAT COME BEFORE THE COURT. COURT IS USUALLY HELD IN THE COMMUNITY WHERE AN ALLEGED OFFENSE HAS OCCURED. REGULARLY SCHEDULED HEARINGS ARE HELD IN POPULATION CENTERS, WITH SPRING AND SUMMER CIRCUITS HELD IN REMOTE COMMUNITIES IN THE NEAR ARCTIC. AIRCRAFT CARRY THE COURT PERSONNEL, LEGAL AID ATTORNEYS, AND WITNESSES TO THE COURT SITE. THE COURT FREQUENTLY HAS TO RULE ON NEW POINTS OF LAW, PARTICULARLY IN THE APPLICATION OF LAWS TO THE NATIVE PEOPLE OF THE REGION. INTERPRETATIONS TEND TO BE FLEXIBLE AND REFLECT THE CONFLICTS GENERATED DURING THE TRANSITION FROM A FRONTIER SOCIETY TO A SETTLED COMMUNITY. BAIL IS ALMOST ALWAYS GRANTED AS THE ISOLATION OF THE COMMUNITIES ASSURES THAT DEFENDANTS WILL BE AVAILABLE FOR TRIAL. APPEALS FROM A LOCAL MAGISTRATE'S DECISIONS ARE HANDLED BY TELEPHONE AND MAY BE INITIATED BY THE LOCAL POLICE. LANGUAGE DIFFICULTIES WITH THE ESKIMO POPULATION ARE RESOLVED BY CAREFUL DISCUSSION WITH DEFENDANTS TO MAKE SURE THAT THEY UNDERSTAND THE NATURE OF THE APPLICABLE PLEAS AND PROCEEDINGS. CASE CITATIONS AND FOOTNOTES ARE PROVIDED. ILLUSTRATIONS ACCOMPANY THE TEXT.