KRG councillors complain about defence lawyers

Kuujjuaq mayor Paul Parsons alleges that too many court hearings are being delayed at the expense of those accused of crimes. (PHOTO BY SARAH ROGERS)

They’re supposed to deliver justice.

But the Kativik Regional Government has received several complaints alleging that defence lawyers in the region are taking advantage of their Nunavik clients.

Kuujjuaq mayor Paul Parsons, also a regional councillor, says he first noticed a problem when some of his employees were repeatedly forced to miss work to attend court appearances.

“Unfortunately, court hearings get postponed quite often,” Parsons said Dec. 2 at the KRG meeting in Kuujjuaq.

Those accused of crimes can pay a $500 fee for one-time representation by a lawyer, he said, whether their case is heard or not.

“That means that four postponements over a year and they’re $2,000 out of pocket without even having their case processed,” Parsons said. “You have to wonder how costly this is to the system too.”

Residents also complain that their lawyers don’t file receipts for the fees they receive.

Parsons asked the KRG council to put an end to the alleged practices.

Salluit regional councillor Michael Cameron said the travelling court is always rushed and that lawyers often ask clients to plead guilty to speed up proceedings.

“They’re not even given a chance,” Cameron said. “Inuit often just accept the lawyer’s recommendations.”

“We’ve been made aware of this,” said Catherine Fortier-Pesant, director of KRG’s legal department. “It’s being reported by many people in different communities.”

In response, members of Nunavik’s working group on justice have drafted a letter that will be sent to lawyers who work in the region.

The letter, to be sent out next week, will remind them of their obligations under the legal ethics code for Quebec, Fortier-Pesant said.

There is a group of about 10 lawyers who travel regularly to work in the region, she added.

Fortier-Pesant said all legal representatives are obligated to issue a receipt to clients with the following information:

• the date of payment;
• the client’s name;
• the amount of money received;
• the lawyer’s name;
• file number; and
• purpose of the payment.

Lawyers are also obligated to ensure their client understands legal proceedings and what they are agreeing to in court.

Fortier-Pesant said the working group for justice will need specific cases to refer to, and she encouraged Nunavimmiut to contact the working group with any information.

Nunavik’s working group on justice is made up of the KRG legal department’s Éve-Marie Préfontaine, Kativik Regional Police Force chief Aileen MacKinnon and Makivik lawyers François Dorval and Mylène Larivière.