Judge: legal aid body showed no common sense

In a judgement that harshly criticizes the practices of the Nunavut Legal Service Board, Justice Beverly Browne ruled this week that accused killer Chris Bishop must be represented by Calvin Martin, an anti-gun-control lawyer from Toronto who advocates the right to use firearms for self-defence.

Bishop, a former Cambridge Bay resident, faces three counts of first degree murder and two counts of attempted murder in connection with an incident alleged to have occurred Jan. 6, 2007, in and around Bishop's housing unit in Cambridge Bay.

Bishop has made no secret of his wish to assert a case based on self-defence.

Martin, Bishop's preferred lawyer, has defended many clients against charges laid under federal gun laws, and he believes passionately in the right to use guns for self-defence.

"The use of a firearm to protect your own life or that of another is something that is frowned upon by the politicians, the justice bureaucrats and the police. I, personally cannot understand that attitude but it is there. If you have to shoot someone to survive your troubles are just beginning," Martin says on his web site at www.calvinmartinqc.com.

Bishop's father contacted Martin shortly after charges were laid against his son, who first spoke to the Toronto lawyer on Jan. 29, 2007. At the time, Martin recommended that Bishop continue to use Nunavut legal aid lawyers.

But in May of last year, Bishop complained that "no one was looking into his case" and he began to insist that Martin defend him. Soon after, "a senior, ethical and highly-respected lawyer" connected to the legal services board confirmed Martin's appointment as Bishop's counsel.

Martin was willing to be paid under standard legal aid rates, plus expenses, similar to many other out-of-territory lawyers who work in the Nunavut legal aid system.

But a few weeks later, the executive director of the legal services board, Colleen Harrington, overruled Martin's appointment. The board took the position that Bishop use a lawyer who is a resident of Nunavut.

Harrington then called around to find a resident Nunavut lawyer to defend Bishop. Two Iqaluit lawyers did say they were willing to represent him, but Bishop rejected them.

As a result, a preliminary inquiry scheduled for Sept. 4, 2007 was cancelled, and Bishop went to court to demand that Martin be allowed to handle his case.

In her decision, Browne found that no definition of "resident Nunavut lawyer" actually exists.

"There are many strongly held and contradictory opinions about who is a resident lawyer in Nunavut," Browne said.

That's because numerous out-of-territory lawyers do routine legal aid work in Nunavut.

"It is an interesting anomaly that an out-of-territory lawyer can be a member of the Nunavut legal aid panel and assigned circuits, yet an individual charged with the most serious charges is limited to resident Nunavut counsel," she said.

Furthermore, Browne found that the legal services board failed in its duty to provide Bishop with a choice of counsel, and may be failing to perform duties to other clients.

"The LSB has not and is not fulfilling its legislated mandate to provide indigent clients with a choice of counsel," Browne said.

Since too much time has passed since the laying of charges, she concluded that the legal services board must appoint Martin right away, rather than prepare a proper list of lawyers for Bishop to choose from.

She also suggested the legal services board should have recognized there are not enough lawyers working in Nunavut. If even one lawyer suffers from a health or family problem "the legal aid system falls into crisis immediately," Browne said.

She said her judgement was "difficult to write," because the case exposed growing pains and political machinations within Nunavut's legal aid system. To "deflect any suggestions or comments about individual lawyers," Browne did not mention the names of the various people who played a role in the drama.

"It is unfortunate and disappointing that common sense and recognition of the limited pool of Nunavut lawyers did not prevail to allow this matter to be resolved," Browne said.