Coroners Act

(1) The Minister may appoint one or more persons as coroners for the Northwest Territories.

(2) A coroner appointed under subsection (1) holds office for a term of three years. SNWT 1995, c.11,s.12; SNWT 2010,c.16,Sch.A,s.9(2).

(1) The Chief Coroner shall

(2) The Chief Coroner may

(3) The Chief Coroner may

(4) For greater certainty, rules created by the Chief Coroner under paragraph (2)(h) are not statutory instruments within the meaning of the Statutory Instruments Act. SNWT 2014,c.30,s.22; SNWT 2015,c.22,s.4; SNWT 2017,c.16,s.2; SNWT 2019,c.21,s.3(2).

(1) A coroner shall be paid the prescribed remuneration for the performance of his or her duties.

(2) If the Chief Coroner is not a member of the public service, he or she shall be paid for the performance of his or her duties in accordance with the regulations.

(3) A coroner is entitled to be reimbursed for reasonable and necessary expenses incurred by him or her in the performance of his or her duties in accordance with the regulations. SNWT 2000, c.15,s.1(2); SNWT 2003,c.12,s.1(2).

(1) Every person shall immediately notify a coroner or a police officer of any death of which he or she has knowledge that occurs in the Northwest Territories, or as a result of events that occur in the Territories, where the death

(2) Notwithstanding subsection (1), a person need not notify a coroner or a police officer of a reportable death where the person knows that a coroner or police officer is already aware of the death.

(3) A police officer who has knowledge of a reportable death shall immediately notify a coroner of the death.

(4) The Chief Coroner may make special arrangements with medical facilities, correctional facilities and the Royal Canadian Mounted Police for the efficient notification of reportable deaths by persons in those facilities or that organization. SNWT 2010,c.16,Sch.A,s.9(3); SNWT 2015, c.22,s.5; SNWT 2017,c.16,s.3(2),(3).

(1) A coroner who becomes aware that a reportable death has occurred shall

(2) No coroner shall issue a warrant or otherwise interfere in a case after another coroner has issued a warrant or commenced an investigation under subsection (1), except the Chief Coroner or a coroner acting under the instructions of the Chief Coroner.

(3) A coroner who has issued a warrant to take possession of the body of the deceased may request that the person in charge of a fire hall, police detachment, health facility or other public facility temporarily hold the body in the facility. SNWT 2000,c.15,s.1(3); SNWT 2010,c.16, Sch.A,s.9(2); SNWT 2015,c.22,s.6; SNWT 2019, c.21,s.3(3).

(1) Notwithstanding subsection 9(1), a coroner who becomes aware that a reportable death has occurred may conduct an investigation without issuing a warrant to take possession of a body if the body

(2) If any of the disqualifications referred to in paragraphs 10(1)(a) to (d) applies to a coroner who would otherwise conduct an investigation under subsection (1), he or she shall immediately notify the Chief Coroner and, subject to the instructions of the Chief Coroner, arrange for another coroner to conduct the investigation. SNWT 2000,c.15,s.1(4); SNWT 2010,c.16,Sch.A,s.9(2).

(1) Notwithstanding subsection 9(1), a coroner shall not issue a warrant to take possession of the body of the deceased or conduct an investigation of the death where

(2) A coroner who becomes aware that a reportable death has occurred but is prohibited by subsection (1) from issuing a warrant to take possession of the body or conducting an investigation shall immediately notify the Chief Coroner and, subject to the instructions of the Chief Coroner, arrange for another coroner to issue the warrant and conduct the investigation. SNWT 2000,c.15, s.1(2).

(1) A coroner who believes that it is necessary for the purposes of conducting an investigation or inquest may

(2) Where a power of a coroner is conditional on the belief of the coroner, the belief must be on reasonable and probable grounds.

(3) A coroner may authorize a medical practitioner or police officer to exercise any or all of the powers of a coroner under subsection (1), but where the power is conditional on the belief of the coroner, the belief must be that of the coroner personally. SNWT 2000,c.15,s.1(3); SNWT 2015, c.22,s.7.

(1) Where anything is seized under paragraph 11(1)(c), the coroner shall ensure that it is kept in safe custody and shall return it to the person from whom it was seized as soon as is practicable after the conclusion of the investigation or inquest unless the coroner is authorized or required by law to dispose of it otherwise.

(2) A coroner who seizes prescription medicine of the deceased or illegal drugs under paragraph 11(1)(c), is authorized to make arrangements with the person in charge of a hospital, pharmacy or other health facility or with a police officer for the safe disposal of the medicine or drugs.

(3) A coroner who removes records for copying under paragraph 11(1)(e), shall

SNWT 2015,c.22,s.8.

(1) A coroner may, at any time during an investigation or inquest, arrange for a post-mortem examination of the body of the deceased.

(2) A coroner may authorize the transportation of the body of the deceased out of the Northwest Territories for a post-mortem examination.

(3) A post-mortem examination may only be performed by a pathologist who is registered or eligible to be registered as a pathologist in the Northwest Territories, a province or another territory, unless

(4) For greater certainty, a coroner may arrange for a health care professional, or for any other person that the coroner considers appropriate in the absence of a health care professional, to perform an external post-mortem examination of the deceased.

(5) A coroner may, at any time during an investigation or inquest, issue a warrant in the prescribed form for the collection of a specimen of the blood, urine, vitreous humour or any other bodily substance of the deceased. SNWT 2000,c.15, s.1(5),(6); SNWT 2010, c.16, Sch.A,s.9(2); SNWT 2015,c.22,s.9.

(1) The Minister or the Chief Coroner may authorize a coroner to order the exhumation of a body for the purposes of an investigation or inquest into the death of that person under this Act.

(2) An order of exhumation made by a coroner is sufficient authority to the person to whom it is directed to carry out the exhumation.

(3) A coroner who orders the exhumation of a body shall give notice of that order at least 72 hours before the exhumation to

(4) Where the body of a person, in respect of whose death an investigation or inquest is necessary, has been buried and the coroner is of the opinion that no useful purpose would be served by exhuming the body, the coroner may conduct the investigation or inquest without exhuming the body.

(1) A coroner may obtain the assistance of police officers in the conduct of an investigation or inquest.

(2) A coroner may, with the consent of the Chief Coroner, obtain the assistance of persons other than police officers or retain the services of experts for all or part of an investigation or inquest.

(3) Where a police officer has made a police report on a death that is subject to an investigation or inquest under this Act, the police officer shall forward a copy of that report to the coroner conducting the investigation or inquest, as the case may be.

(1) An investigating coroner shall, at the completion of the investigation,

(2) The Chief Coroner shall, on request, provide the following to a next of kin or personal representative of the deceased:

SNWT 2019,c.21,s.3(4).

(1) An investigating coroner may authorize the release of the body of the deceased if the investigation is complete.

(2) If it has been determined that an inquest will be conducted, a coroner may authorize the release of the body of the deceased before the inquest.

(3) If a post-mortem examination of the body of the deceased is to be performed, a coroner may, at the time of arranging for the examination, authorize the release of the body on completion of the examination. SNWT 2019, c.21,s.3(4).

(1) Subject to this Act, after an investigation is conducted, the Chief Coroner shall direct a coroner to conduct an inquest if the Chief Coroner considers that an inquest is necessary

(2) Subject to this Act, the Chief Coroner shall direct a coroner to conduct an inquest if the Chief Coroner becomes aware of the death of a person who had been detained or in custody in the circumstances referred to in paragraph 8(1)(g) or (h).

(3) If the Chief Coroner becomes aware of a death described in subsection (2) but is satisfied that the death was due to natural causes and was not preventable, the Chief Coroner is not required to, but may, direct that an inquest be conducted in respect of the death.

(4) For greater certainty, the Chief Coroner may personally conduct an inquest.

(5) On determining that an inquest is or is not necessary, the Chief Coroner shall issue a certificate of that determination in the prescribed form. SNWT 2019, c.21,s.3(4).

(1) If the Chief Coroner determines that an inquest is unnecessary, a next of kin or other interested person may request that an inquest be conducted by submitting a written request to the Chief Coroner stating his or her reasons.

(2) The Chief Coroner shall consider a request that an inquest be conducted, and shall give the person making the request a written decision with reasons within 30 days after receipt of the request.

(3) Subject to the power of the Minister under section 24, the decision of the Chief Coroner under subsection (2) is final. SNWT 2019, c.21,s.3(4).

(1) Subject to section 24, an inquest must not be conducted where a person has been charged with a criminal offence arising out of a death.

(2) No person charged with a criminal offence arising out of a death is compellable to give evidence at an inquest in respect of that death.

(3) Where a person is charged during the inquest with a criminal offence arising out of the death, the coroner shall, unless the Minister orders otherwise, discharge the jury and close the inquest, and shall reopen the inquest only on the order of the Minister.

(4) Notwithstanding subsections (1) to (3), an inquest may be conducted where a person has been charged with a criminal offence arising out of the death and the person charged is compellable to give evidence at the inquest, if

SNWT 2019,c.21,s.3(6),(7),(8).

(1) Every inquest must be conducted with a jury composed of six jurors.

(2) Any five jurors may return a verdict. SNWT 2019,c.21,s.3(10).

(1) Subject to this section, any person qualified to serve as a juror under the Jury Act and not exempt from service as a juror under that Act is qualified to serve as a juror at an inquest.

(2) A person is not qualified to serve as a juror at an inquest if he or she is

(3) The coroner may excuse from jury service any person that he or she considers

SNWT 2017,c.16,s.4.

(1) Before conducting an inquest, the coroner shall request the Sheriff to provide names of persons from the list of jurors compiled under section 9 of the Jury Act in such number as the coroner considers necessary for the purpose of selecting a jury.

(2) The Sheriff, on receiving the request of a coroner, shall randomly select the specified number of names from the list of jurors compiled under section 9 of the Jury Act, and send the names to the coroner.

(3) The coroner shall issue a warrant in the prescribed form to the Sheriff, a deputy Sheriff, police officer or process server, to summon the persons whose names were sent to the coroner under subsection (2).

(4) A person receiving a warrant under subsection (3) shall cause the persons named in the warrant to be served with a summons in the prescribed form, by

(5) The coroner may question the persons who are present at the inquest as a result of the summons, to determine if they are qualified to serve as jurors.

(6) The coroner shall randomly select six qualified persons to serve as jurors from those who are present at the inquest and who are not excused from jury service.

(7) If fewer than six persons are able to serve as jurors after the completion of the selection in subsection (6), the coroner shall cause a sufficient number of additional qualified persons to be summoned and selected in the manner set out in subsections (1) to (6), or in any more expeditious manner that the coroner considers necessary in the circumstances. SNWT 2017,c.16,s.5; SNWT 2019,c.21,s.3(11).

(1) Any person may make a request in writing to the coroner conducting an investigation to be notified of the time and place of any inquest that may be conducted as a result of the investigation.

(2) The coroner shall give notice in writing of the time and place of any inquest to

(3) Where the conduct of a person who has not been notified of and is not present at the inquest is brought into question, the coroner shall adjourn the inquest and notify that person if it is reasonably practicable to do so.

(4) Failure to notify a person of an inquest does not invalidate the inquest. SNWT 2019,c.21, s.3(13).

(1) An inquest must be conducted in public.

(2) Notwithstanding subsection (1), the Minister may order that an inquest be conducted in private where the Minister is of the opinion that national security may be endangered or that the possibility of prejudice to the public interest outweighs the desirability of conducting the inquest in public.

(3) A coroner may order that any witness and any agent representing that witness at an inquest, but not counsel, be excluded from the inquest until the witness is called to give evidence. SNWT 2019, c.21,s.3(14),(15).

(1) The Minister may designate counsel to attend the inquest, act as counsel to the coroner and aid the coroner in the examination and cross-examination of witnesses.

(2) A coroner may use an agent to assist the coroner during the inquest and aid in the examination and cross-examination of witnesses where counsel has not been designated by the Minister.

(3) For greater certainty, the coroner may examine and cross-examine witnesses whether or not the coroner is aided by counsel or an agent under this section. SNWT 2015,c.22,s.14.

(1) A coroner may by summons require any person to give evidence on oath or affirmation at an inquest, or to produce in evidence at an inquest any document or thing in the person’s possession or control, that the coroner considers relevant to the subject matter of the inquest and admissible as evidence.

(2) The summons referred to in subsection (1) must be served by a police officer personally serving a copy of the summons on the person.

(3) Where a witness who is required to attend an inquest is detained or in custody in the circumstances referred to in paragraph 8(1)(g) or (h), the coroner may, in writing, order that the witness be brought before the coroner in order to testify at the inquest and direct in the order the manner in which the witness is to be kept in custody until his or her return to the place of his or her detention or custody. SNWT 2017,c.16,s.6.

(1) A judge may issue a warrant to apprehend, anywhere within the Northwest Territories, and bring before the inquest any person

on proof to the satisfaction of the judge of the service of the summons on that person.

(2) A judge may accept the affidavit of a coroner that attests to the facts that establish that the presence of the person summoned is material to the inquest as proof of those facts. SNWT 2010,c.16,Sch.A,s.9(2).

(1) A coroner conducting an inquest may state a case to a judge setting out the facts where a person without lawful excuse

(2) The judge to whom a case has been stated under subsection (1) may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of that person and after hearing any statement that may be offered in defence, punish that person as if that person had been guilty of contempt of the Supreme Court.

(1) A coroner may make orders or give directions that the coroner considers necessary for the maintenance of order at the inquest, and may call on a police officer to enforce those orders or directions.

(2) A coroner may exclude from an inquest an agent, but not counsel, representing a witness, if the coroner finds that the person is not competent to properly advise the witness or does not understand and comply at the inquest with the duties and responsibilities of an advisor.

(1) A coroner at an inquest may

(2) Nothing in subsection (1) derogates from

(1) A copy of a document or other thing may be admitted as evidence at an inquest if the coroner is satisfied as to its authenticity.

(2) Where an original document or other thing has been admitted as evidence at an inquest, the coroner or, with the leave of the coroner, the person who produced it or is entitled to it may cause the document or thing to be copied.

(3) Where an original document or other thing has been admitted as evidence and later copied, the coroner may

(1) A coroner at an inquest may accept a report, plan, sketch, photograph or other document containing information of a factual nature instead of the oral testimony of the maker of that document, and the document is, without further proof, evidence of the facts stated in it.

(2) The coroner may, at the request of a person or juror who has a sufficient reason to question the maker of a document, require the maker of it to attend and give evidence at the inquest.

(1) A coroner may adjourn an inquest from time to time where it is shown to the satisfaction of the coroner that the adjournment is required to permit an adequate hearing to be held or where the coroner for other reasons is of the opinion that it is necessary.

(2) Where a juror, by reason of illness, death or absence from the Northwest Territories, does not attend at the resumption of an adjourned inquest, the coroner may proceed with the inquest if at least five jurors are present. SNWT 2010,c.16,Sch.A,s.9(2).

(1) The coroner shall ensure that the evidence received by the jury at an inquest is recorded.

(2) The evidence of witnesses must be recorded by audio tape or, where the coroner so directs, by a stenographer designated by the coroner.

(3) A stenographer recording evidence at an inquest shall take an oath to truly and faithfully record the evidence.

(4) Evidence recorded at an inquest need not be transcribed by a stenographer unless

(1) The jury shall, at the conclusion of the inquest, retire to consider the evidence and determine

(2) The jury may make any recommendation that it considers to be of assistance in preventing similar deaths.

(3) The jury shall not make any finding of civil or criminal liability or express any conclusions of law.

(4) The coroner shall not accept a verdict or a portion of a verdict that makes any finding of civil or criminal liability or expresses any conclusion of law.

(5) The verdict of the jury must be in the prescribed form and signed by all jurors who participated in the determination of the verdict.

(1) A coroner shall, at the conclusion of an inquest, forward to the Chief Coroner

(2) A coroner shall, at the conclusion of an inquest and on request, release documents and things put in evidence at the inquest to the lawful owner or person entitled to possession of them unless they are required for a second inquest or a proceeding under section 59.

(1) Where at an inquest the jury cannot agree by a majority on a verdict, the coroner may discharge the jury after obtaining any findings of fact that it was able to agree upon.

(2) The coroner shall submit the evidence taken at the inquest referred to in subsection (1), together with any findings of fact that the jury was able to agree upon, to the Chief Coroner.

(3) Where a jury has been discharged under subsection (1), the Chief Coroner may direct that a second inquest be conducted, either before the same coroner or another coroner. SNWT 2019,c.21, s.3(17).

(1) The Chief Coroner may, in taking any action permitted under paragraph 5(2)(c) or (d), disclose personal information as defined in the Access to Information and Protection of Privacy Act if the Chief Coroner believes it is in the public interest to do so.

(2) In determining whether to disclose personal information under subsection (1), the Chief Coroner must consider both of the following:

SNWT 2015,c.22,s.15.

(1) A person who has a substantial interest in an inquest may apply by originating notice to a judge for an order quashing the verdict of the jury on the grounds that

(2) A judge may quash the verdict of the jury where the judge is satisfied there are valid grounds for quashing the verdict.

(3) A judge may, on quashing a verdict, order that a second inquest be conducted, either before the same coroner or another coroner.

(4) Where a judge conducted the investigation or inquest as a coroner, the application to quash the verdict of the jury must be made to the Court of Appeal by way of appeal and the Court of Appeal has all the powers of a judge under this section. SNWT 2019,c.21,s.3(18).

(1) The Chief Coroner shall, after the end of each year, prepare a report on the activities of the Coroner Service for that year and submit it to the Minister.

(2) The Minister shall lay a copy of the annual report before the Legislative Assembly at the earliest opportunity after receiving it. SNWT 2015,c.22, s.16.