Territorial Court Act

(1) In this Act,

"Advisory Committee" means the Judicial Appointments Advisory Committee established by subsection 5.3(1); (Comité consultatif)

"appeal" means an appeal from a judgment, order or decision of a territorial judge in a civil case; (appel)

"Chief Judge" means the territorial judge appointed under subsection 5(1) as the Chief Judge of the Territorial Court; (juge en chef)

"Commission" means the Northwest Territories Judicial Remuneration Commission established by subsection 12.1(1); (Commission)

"deputy territorial judge" means a judge appointed under subsection 6(1); (juge territorial adjoint)

"Judicial Council" means the Judicial Council for Territorial Judges continued by subsection 31(1); (Conseil de la magistrature)

"Territorial Court" means The Territorial Court of the Northwest Territories continued by subsection 2(1); (Cour territoriale)

"territorial judge" means a judge of the Territorial Court appointed under subsection 4(2) and, except where expressly stated to the contrary, includes a deputy territorial judge; (juge territorial)

"youth justice court" means the court referred to in subsection 3(1). (tribunal pour adolescents)

(2) A reference in any instrument or document to the Magistrate’s Court shall be held, as regards any transaction, matter or thing on or after June 22, 1978, to be a reference to the Territorial Court. SNWT 1998,c.15,s.1(2); SNWT 1998,c.14,s.2; SNWT 2003,c.9,s.10(2).

(1) The Magistrate’s Court existing immediately before June 22, 1978, under the Magistrate’s Court Ordinance, R.S.N.W.T. 1974, c.M-1, is continued under the name The Territorial Court of the Northwest Territories.

(2) The Territorial Court shall be composed of territorial judges who shall have, among other things, the rights and duties set out in sections 15 and 16.

(3) The Territorial Court is a court of record.

(4) Every sitting of the Territorial Court shall be presided over by a territorial judge.

(5) Every action in the Territorial Court shall be tried and judgment given, and every decision, determination, rule, order or decree shall be made, only by a person acting under his or her powers as a territorial judge.

(1) The Territorial Court is designated as a youth justice court for the purposes of the Youth Justice Act and the Youth Criminal Justice Act (Canada).

(2) Subject to subsection 4.1(2) of the Justices of the Peace Act, the youth justice court has exclusive jurisdiction in respect of any offence alleged to have been committed by a young person and any such person shall be dealt with as provided in the Youth Justice Act.

(3) The youth justice court is a court of record. SNWT 1998,c.15,s.1(3); SNWT 2003,c.9,s.10(3); SNWT 2003,c.31,s.98.

(1) This section does not apply to deputy territorial judges.

(2) The Commissioner in Executive Council may appoint such qualified persons to be territorial judges as the Commissioner in Executive Council considers necessary for the due administration of justice in the Northwest Territories and the appointments shall be on a full time basis.

(3) A territorial judge must reside in the Northwest Territories.

(4) Where an appointment under subsection (2) specifies the location at which a territorial judge must reside, have his or her office or hold sittings of the Territorial Court, the territorial judge shall act in accordance with those specifications, but the Commissioner in Executive Council may vary the terms of the appointment to meet changed circumstances.

(5) Notwithstanding subsection (4), the Commissioner in Executive Council shall not vary the location at which a territorial judge must reside except with the consent of the territorial judge. SNWT 1998,c.15,s.1(4); SNWT 1998,c.14,s.3; SNWT 2006,c.8,s.2; SNWT 2010,c.16, Sch.A,s.39(2).

(1) The Commissioner in Executive Council may appoint one of the territorial judges to be the Chief Judge of the Territorial Court for a term of five years.

(2) A territorial judge is not eligible to be appointed as Chief Judge for two consecutive terms.

(3) The Commissioner in Executive Council may designate a territorial judge to act in the place of the Chief Judge for all purposes during the illness or absence of the Chief Judge.

(4) If the Commissioner in Executive Council does not make a designation under subsection (3), the Chief Judge may designate another territorial judge to act in his or her place for all purposes during a period when the Chief Judge is ill or absent for a period not exceeding 40 days.

(5) The Chief Judge shall have general supervision and direction over arranging the sittings of the Territorial Court and assigning territorial judges for hearings in the Territorial Court.

(6) In carrying out his or her responsibilities under subsection (5), the Chief Judge shall consult with the other territorial judges.

(7) The Chief Judge is responsible for the supervision of justices of the peace. SNWT 1998, c.14,s.4; SNWT 2006,c.8,s.3.

(1) The Chief Judge may, in consultation with the other territorial judges, establish and implement a plan for the continuing education of territorial judges in order to encourage professional development, social awareness and personal development.

(2) The Chief Judge may, in consultation with the other territorial judges, establish and implement a program of performance evaluation for territorial judges in order to

(3) Notwithstanding subsection (2), the Chief Judge may only conduct a performance evaluation of a territorial judge with the consent of that territorial judge.

(4) A territorial judge’s performance evaluation is confidential and may be disclosed only to the territorial judge and the person or persons conducting the evaluation.

(5) A territorial judge’s performance evaluation may not be admitted in evidence before the Judicial Council or any court or other tribunal unless the territorial judge consents. SNWT 1998,c.14,s.4.

(1) A committee called the Judicial Appointments Advisory Committee is established and is composed of

(2) Where the Chief Judge decides not to serve as a member of the Advisory Committee under paragraph (1)(a), the Chief Judge shall designate another territorial judge as a member of the Advisory Committee.

(3) The Law Society of the Northwest Territories, in appointing members under paragraph (1)(b), and the Commissioner in Executive Council, in appointing members under paragraph (1)(c), shall recognize the importance of reflecting, in the composition of the Advisory Committee as a whole, the diversity of the population and the gender balance of the Northwest Territories.

(4) The Advisory Committee shall be chaired by

(5) Five members of the Advisory Committee constitute a quorum, including at least three members who are territorial judges or members of the Law Society of the Northwest Territories and two members who are neither judges nor members of the Law Society of the Northwest Territories.

(6) Members of the Advisory Committee, other than members under paragraph 5.3(1)(a), hold office for a term not exceeding three years.

(7) The function of the Advisory Committee is to make recommendations to the Commissioner in Executive Council respecting the appointment of territorial judges.

(8) Where a judicial vacancy occurs and the Minister asks the Advisory Committee to make a recommendation, the Advisory Committee shall

(9) A candidate shall not be considered by the Advisory Committee unless he or she meets the requirements of section 7.

(10) The Commissioner in Executive Council may only consider for appointment candidates who have been recommended by the Advisory Committee under this section. SNWT 1998,c.14,s.4; SNWT 2010, c.16,Sch.A,s.39(2); SNWT 2021,c.22,s.2; SNWT 2023.c.7,s.41(3).

(1) The Commissioner may, on the recommendation of the Advisory Committee, appoint as deputy territorial judges such qualified persons as the Commissioner considers necessary for the due administration of justice in the Northwest Territories.

(2) A person is not qualified for appointment as a deputy territorial judge unless he or she

(3) Repealed, SNWT 2005,c.6,s.2.

(4) Repealed, SNWT 2005,c.6,s.2.

(5) A deputy territorial judge has all the powers, duties and functions of a territorial judge appointed under subsection 4(2). SNWT 1998,c.14,s.4; SNWT 2005,c.6,s.2; SNWT 2010,c.16,Sch.A, s.39(2).

(1) A territorial judge shall, before commencing the duties of office, take and sign, in either English or French, the following oaths or affirmations: I, ......................, do swear (or affirm) that I will be faithful and bear true allegiance to His Majesty Charles the Third (or the reigning Sovereign for the time being), his (or her) heirs and successors according to law. So help me God. (omit last sentence in an affirmation)

I, ......................, do swear (or affirm) that I will truly and faithfully according to the best of my skill and knowledge, execute according to law the office of territorial judge (or deputy territorial judge), and that I will do right to all people according to law, without fear or favour, affection or ill will. So help me God. (omit last sentence in an affirmation)

(2) The Clerk of the Territorial Court shall send the duly subscribed oaths or affirmations to the Deputy Minister of the Department of Justice. SNWT 2006, c.8,s.6; SNWT 2024,c.9,s.29.

(1) Except as otherwise authorized in writing by the Commissioner in Executive Council, a territorial judge shall devote his or her time solely to the performance of his or her duties as a territorial judge and shall not carry on or practise a business, profession, trade or occupation.

(2) Notwithstanding subsection (1), a deputy territorial judge who is not ordinarily resident in the Northwest Territories is required to devote his or her time solely to the performance of his or her duties as a territorial judge only when he or she is acting as a territorial judge.

(3) A territorial judge may not practise law anywhere in Canada. SNWT 1998,c.14,s.6; SNWT 2010,c.16,Sch.A,s.39(2).

(1) A commission called the Northwest Territories Judicial Remuneration Commission is established.

(2) The Commission shall consist of not more than three members appointed by the Commissioner in Executive Council as follows:

(3) If, within 21 days of their appointment, the members appointed under paragraphs (2)(a) and (b) are unable to agree on the nomination of a person under paragraph (2)(c), either member may notify the Minister, in writing, of their inability to agree.

(4) Upon receipt of a notice under subsection (3), the Commissioner in Executive Council shall appoint a member under paragraph (2)(c).

(5) The member of the Commission appointed under paragraph (2)(c) or subsection (4), as the case may be, is the chairperson of the Commission.

(6) The following persons are not eligible for appointment to the Commission:

SNWT 1998,c.15,s.1(5).

(1) On the expiration of his or her term of office, a member may be reappointed.

(2) Where, for any reason, a vacancy occurs in the membership of the Commission, the Commissioner in Executive Council may appoint another person to fill the vacancy for the unexpired term of the member being replaced, in accordance with the following:

(3) Where the members appointed under paragraphs 12.1(2)(a) and (b) are unable to agree on the nomination of the person to fill a vacancy under paragraph 12.1(2)(c), either member may notify the Minister, in writing, of their inability to agree.

(4) Upon receipt of a notice under subsection (3), the Commissioner in Executive Council shall appoint a person to fill the vacancy under paragraph 12.1(2)(c). SNWT 1998,c.15,s.1(5).

(1) The Commission shall, in accordance with sections 12.7 and 12.8, conduct an inquiry with respect to

(2) On completing an inquiry, the Commission shall provide to the Minister a report with recommendations regarding the appropriate salaries to be paid to territorial judges and the pension, vacation leave, sick leave and other benefits to be provided to territorial judges. SNWT 1998,c.15, s.1(5).

(1) The members of the Commission have the powers of a board under the Public Inquiries Act.

(2) The Commission may, with the approval of the Minister, engage the services of a person to provide actuarial advice to the Commission with respect to the salaries and benefits of territorial judges. SNWT 1998,c.15,s.1(5).

(1) The Minister or the Chief Judge may, at any time during the period between the submission of reports under section 12.8, in writing, request the Commission to inquire into and make recommendations with respect to the salaries and benefits of territorial judges.

(2) If the Minister makes a request for an inquiry under subsection (1), he or she shall notify the Chief Judge of the request and if the Chief Judge makes a request for an inquiry under that subsection, he or she shall notify the Minister of the request.

(3) The procedures outlined in sections 12.5,

(1) A territorial judge shall have jurisdiction throughout the Northwest Territories and

(2) A territorial judge is ex officio a justice of the peace and a commissioner for oaths. SNWT 2010, c.16,Sch.A,s.39(2).

(1) Subject to subsection (2), every territorial judge is vested with civil jurisdiction in

(2) A territorial judge is not vested with civil jurisdiction in

(3) Nothing in this section limits the enforcement of an order or decision

SNWT 1998,c.14,s.9; SNWT 2003, c.12,s.6(3); SNWT 2006,c.8,s.10; SNWT 2006,c.18,s.4; SNWT 2010,c.16,Sch.A,s.39(2),(3); SNWT 2011, c.31,s.2.

(1) No action for the recovery of damages lies in respect of an order or warrant made or sentence imposed

if the order, warrant or sentence could lawfully have been made or imposed by the territorial judge or justice by whom the conviction was made.

(2) No action for the recovery of damages lies against any person in respect of an act or thing done in the execution of an order, warrant or sentence to which subsection (1) relates, or purporting to be done in compliance with or incidental to that order, warrant or sentence.

(3) No civil action may be brought against a territorial judge for any act done

unless it is proved that the territorial judge acted maliciously and without reasonable and probable cause.

(1) An appeal lies from a judgment, order or decision of a territorial judge in any civil case to a judge of the Supreme Court.

(2) An appeal shall be commenced by notice of appeal without any other formal proceedings being required.

(3) Every motion for a new trial in a civil case and motion in the nature of an appeal shall be brought by notice of appeal as specified in subsection (2), and any party appealing may, by the same notice of appeal and in the alternative, ask for a new trial.

(4) On a motion for a new trial in a civil case, an appeal or a motion in the nature of an appeal, the applicant may, by the notice of appeal, appeal from the whole or any part of the judgment, order or decision.

(5) A notice of appeal must state whether the whole or part only of the judgment, order or decision is complained of and, if part only, must specify the part complained of.

(6) A notice of appeal must state the grounds on which the application is based.

(7) A notice of appeal may be amended at any time by leave of a judge of the Supreme Court on terms that the judge of the Supreme Court considers fit.

(1) A notice of appeal shall be filed in the Supreme Court and a copy of it shall be filed in the Territorial Court and shall be served on all persons mentioned in subsection (2) within 30 days after the date when the judgment, order or decision appealed against was signed, entered and served.

(2) A notice of appeal shall be served on all parties directly affected by the appeal and, if a judge of the Supreme Court so directs, on all or any of the parties to the action or other proceeding or on any person who is not a party to the action or other proceeding.

(3) A judge of the Supreme Court may postpone or adjourn the hearing of an appeal on terms that to the judge seem just, and may give such judgment or make such order as might have been given or made if the persons served with the notice of appeal had been original parties to the action or other proceeding.

(4) A judge of the Supreme Court may, either before or after the expiration of the period referred to in subsection (1), extend the time for filing and serving the notice of appeal.

(1) Except as ordered or directed by the territorial judge from whom an appeal is taken or by a judge of the Supreme Court, an appeal does not operate as a stay of execution or of any proceedings under the decision appealed from, and no intermediate act or proceeding is invalidated by reason only of that appeal.

(2) A judge by whom an order or direction is made under subsection (1) may require the security for costs that to the judge seems proper.

(1) A person making an appeal shall

(2) The appeal book shall be clearly and legibly typewritten or printed and shall be approved by the opposite party or settled by the territorial judge from whom the appeal is taken, before being filed as required by subsection (1).

(1) The Commissioner shall appoint a Clerk of the Territorial Court.

(2) The Commissioner may appoint such deputy clerks, judicial clerks and other officers as the Commissioner considers necessary for the administration of justice through the Territorial Court.

(3) The Clerk of the Territorial Court, a deputy clerk and, where it is provided in his or her appointment, any other officer appointed under subsection (2) may administer any oath in any matter before the Territorial Court.

(4) The Clerk of the Territorial Court shall also be the Clerk of the youth justice court. SNWT 2003,c.9,s.10(4).

(1) Subject to this Act and to any rules made under this section, every civil action in the Territorial Court shall be commenced and proceeded with before and after final judgment in the same manner and subject to the same rules as a civil action in the Supreme Court.

(2) The rules of court for the youth justice court shall be the same as those for the youth justice court established under the Youth Criminal Justice Act (Canada), with such modifications as the circumstances require.

(3) The territorial judges, other than deputy territorial judges, may make rules regulating the practice and procedure in the Territorial Court in civil actions or matters and, without restricting the generality of this power to make rules, may make rules

(4) Repealed, SNWT 2006,c.8,s.12(2).

(5) Repealed, SNWT 2006,c.8,s.12(2).

(6) Where a provision in respect of practice or procedure in the Territorial Court is contained in an Act or regulation, rules may be made under subsection (3) modifying that provision to any extent that is considered necessary for the equitable dispatch of business of the Territorial Court unless that power is expressly excluded in the Act. SNWT 2003, c.9,s.10(5); SNWT 2006,c.8,s.12.

(1) The Chief Judge shall review any allegation of misconduct of a territorial judge that

(2) After reviewing a matter under subsection (1), the Chief Judge may

(3) If a complaint has not been made respecting a matter, the referral of the matter to the Judicial Council under paragraph (2)(e) constitutes a complaint to the Judicial Council. SNWT 2006,c.8,s.14.

(1) The body called the Judicial Council for Territorial Judges is continued and is composed of

(2) In any matter that comes before the Judicial Council where

(3) When the Law Society of the Northwest Territories appoints one of its members to the Judicial Council under paragraph (1)(d), it shall, at the same time, appoint another member of the Law Society of the Northwest Territories as an alternate member of the Judicial Council to act in respect of any matter that comes before the Judicial Council where the member appointed under paragraph (1)(d) has a personal interest or is unable to act.

(4) When the Commissioner in Executive Council appoints the persons referred to in paragraph (1)(e) to the Judicial Council, the Commissioner in Executive Council shall, at the same time, appoint a third person who is neither a judge nor a member or a former member of a law society in Canada as an alternate member of the Judicial Council to act in respect of any matter that comes before the Judicial Council where one of the persons appointed under paragraph (1)(e) has a personal interest or is unable to act.

(4.1) The Law Society of the Northwest Territories, in appointing persons under paragraph (1)(d) and subsection (3), and the Commissioner in Executive Council, in appointing persons under paragraph (1)(e) and subsection (4), shall consider the diversity of the population and the gender balance of the Northwest Territories, but any failure to achieve balance in the composition of the Judicial Council does not affect the validity of any proceedings or decisions of the Judicial Council.

(5) A person appointed under paragraphs (1)(d) and (e) or a person appointed under subsections (3) and (4) may not be an employee as defined in the Public Service Act.

(6) The appointment of a person referred to in paragraphs (1)(d) and (e) or in subsections (3) and (4) is deemed to be revoked if the person becomes an employee in the public service, as defined in the Public Service Act, during the term of his or her appointment.

(7) The persons appointed under paragraphs (1)(d) and (e) and the persons appointed under subsections (3) and (4) hold their respective offices for a term of four years.

(8) Repealed, SNWT 2006,c.8,s.15(1).

(9) Where the term of the person appointed as Chief Judge expires during a hearing of the Judicial Council under section 31.6, he or she shall continue to be a member of the Judicial Council for the purposes of the hearing until all matters relating to the hearing are finally disposed of.

(10) Where the term of a person appointed under paragraph (1)(d) or (e) or the term of a person appointed under subsection (3) or (4) expires during a hearing of the Judicial Council under section 31.6, his or her term shall be deemed to continue until all matters relating to the hearing are finally disposed of.

(11) The Chief Justice of the Supreme Court or, where the circumstances require, the next most senior judge of the Supreme Court, shall be chairperson of the Judicial Council.

(12) Four members of the Judicial Council, including at least two members who are judges and two members who are not judges, constitute a quorum and are sufficient for the exercise of all the jurisdiction and powers of the Judicial Council.

(12.1) The members of the Judicial Council who serve on a subcommittee under section 31.4 in respect of a complaint may continue to serve as members of the Judicial Council in any subsequent proceedings in respect of that complaint.

(13) The Judicial Council or a subcommittee of the Judicial Council may order that any information or document relating to a mediation under section 31.5, or a Judicial Council meeting or hearing that was held in private is confidential and shall not be disclosed or made public.

(14) Subsection (13)

(15) No proceedings lie against the Judicial Council or any member of the Judicial Council or any person acting under the authority of the Judicial Council for any act or omission that any of them, acting in good faith, reasonably believed was required or authorized by this Act. SNWT 1998, c.14,s.1; SNWT 2006,c.8,s.15; SNWT 2008,c.8,s.17; SNWT 2010,c.16,Sch.A,s.39(2); SNWT 2000, c.15,s.7.

(1) The Judicial Council may

(2) Where the Judicial Council makes rules of procedure under subsection (1), it shall make them available to the public on request.

(3) Rules of procedure made by the Judicial Council under subsection (1) are not statutory instruments for the purposes of the Statutory Instruments Act. SNWT 1998,c.14,s.10.

(1) Any person may make a complaint against a territorial judge to the Judicial Council.

(2) Where a complaint against a territorial judge is made to a member of the Judicial Council, it shall be treated as a complaint made to the Judicial Council.

(3) Where a complaint against a territorial judge is made to the Minister or to a judge who is not a member of the Judicial Council, the Minister or the judge, as the case may be, shall provide the person making the allegation with information about the role of the Judicial Council in the justice system and about how a complaint may be made, and shall refer the person to the Judicial Council.

(4) Once a complaint is made to the Judicial Council, the Judicial Council has carriage of the matter. SNWT 1998,c.14,s.10.

(1) A complaint received by the Judicial Council, other than one referred to the Council by the Chief Judge under paragraph 29.1(2)(e), shall be provided to and reviewed by the chairperson.

(2) After reviewing a complaint, the chairperson shall, subject to subsection (4)

(3) Before taking action under paragraph (2)(a), the chairperson shall report to the Judicial Council his or her intention to refer a complaint to the Chief Judge.

(4) The Judicial Council shall consider the report, in private, and may approve the chairperson’s intended disposition or may direct the chairperson to refer the complaint to a subcommittee of the Judicial Council. SNWT 2006,c.8,s.16.

(1) A subcommittee of the Judicial Council consisting of one judge, other than the Chief Judge, and one other member shall review complaints

(2) The members of the Judicial Council, other than the Chief Judge, shall serve on the subcommittee on a rotating basis.

(3) The subcommittee shall dismiss the complaint without further investigation if the subcommittee considers that the complaint falls outside the Judicial Council’s jurisdiction, concerns a trivial matter or is not made in good faith.

(4) Where the complaint is not dismissed under subsection (3), the subcommittee shall conduct such investigation as it considers appropriate.

(5) The subcommittee may engage persons, including counsel, to assist it in its investigation.

(6) When its investigation is complete, the subcommittee shall, subject to subsection (9),

(7) The subcommittee may not take action under paragraph (6)(a), (b) or (c) unless both members of the subcommittee agree.

(8) Before taking action under paragraph (6)(a),

(9) The Judicial Council shall consider the report, in private, and may approve the subcommittee’s intended disposition or may require the subcommittee to refer the complaint to the Judicial Council.

(10) The Judicial Council shall review, in private, every complaint referred to it by the subcommittee, and may

(11) After making its decision under subsection (9) or (10), the Judicial Council shall communicate it to the territorial judge who is the subject of the complaint and the complainant, giving brief reasons in the case of a dismissal. SNWT 1998,c.14,s.10; SNWT 2006,c.8,s.17,18.

(1) The Judicial Council may establish a mediation process for complainants and for territorial judges who are the subject of complaints.

(2) Where the Judicial Council establishes a mediation process, it shall exclude from that process complaints that are inappropriate for mediation including complaints where

(3) A complaint may be referred to a mediator only if the complainant and the territorial judge who is the subject of the complaint consent to the referral.

(4) The mediator shall be a person who has been trained in mediation and who is not a judge or a member of the Judicial Council.

(5) The mediator shall be impartial.

(6) The mediator shall report the results of the mediation to the Judicial Council.

(7) The Judicial Council shall review the report, in private, and may

(8) Where the Judicial Council approves the disposition of the complaint by a mediator, it may make the results of the mediation public, providing a summary of the complaint but not identifying the complainant or the territorial judge who is the subject of the complaint.

(9) At any time during or after the mediation, the complainant or the territorial judge who is the subject of the complaint may refer the complaint to the Judicial Council, which shall consider the matter, in private, and may

SNWT 1998,c.14, s.10; SNWT 2006,c.8,s.17.

(1) Where the Judicial Council decides to hold a hearing under paragraph 31.4(10)(a), subparagraph 31.5(7)(b)(iii) or paragraph 31.5(9)(c), it shall do so in accordance with this section.

(2) The Judicial Council

(3) The members of the Judicial Council participating in the hearing shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any party, counsel, agent or other person, unless all the parties and their counsel or agents receive notice and have an opportunity to participate.

(4) Where the Judicial Council engages counsel to assist it under subsection (2), the nature of the advice given by counsel to the Judicial Council shall be communicated to the parties so that the parties may make submissions as to the law.

(5) The Judicial Council shall determine who are the parties to the hearing.

(6) Where the Judicial Council determines that there are exceptional circumstances and that the desirability of holding an open hearing is outweighed by the desirability of maintaining confidentiality, it may hold all or part of the hearing in private.

(7) Where the hearing is held in private, the Judicial Council shall, unless it determines that there are exceptional circumstances, order that the name of the territorial judge who is the subject of the complaint not be disclosed or made public.

(8) Where the complaint involves allegations of sexual misconduct or sexual harassment, the Judicial Council shall, at the request of a complainant or of a witness who testifies to having been the victim of similar conduct by the territorial judge who is the subject of the complaint, prohibit the publication of information that might identify the complainant or witness, as the case may be.

(9) Where the Judicial Council determines that there are exceptional circumstances, the Judicial Council may make an order prohibiting, pending the disposition of a complaint, the publication of information that might identify the territorial judge who is the subject of the complaint.

(10) After completing the hearing, the Judicial Council

(11) The Judicial Council may adopt any combination of the dispositions set out in subparagraphs (10)(b)(i) to (v).

(12) In addition to making a disposition under paragraph (10)(b) with respect to the Chief Judge as a territorial judge, the Judicial Council may also recommend to the Commissioner in Executive Council that his or her appointment as Chief Judge be revoked.

(13) The Judicial Council may report to the Commissioner in Executive Council about the complaint, investigation, hearing and disposition and the Commissioner in Executive Council may make the report public if the Commissioner in Executive Council considers that it would be in the public interest to do so.

(14) The Judicial Council shall not, in a report made under subsection (13), identify

(15) Where an order is made under subsection (9) and the Judicial Council dismisses the complaint with a finding that it was unfounded, the territorial judge shall not be identified in the report without his or her consent and the Judicial Council shall order that information that relates to the complaint and might identify the territorial judge shall not be made public without his or her consent. SNWT 1998,c.14,s.10.

(1) The Judicial Council may, subject to subsection (2), recommend to the Minister that compensation be paid to a complainant for all or part of his or her costs for legal services related to the complaint.

(2) The Judicial Council may only recommend that compensation be paid to a complainant under subsection (1) where

(3) Where the Judicial Council recommends compensation under this section, the Judicial Council shall, subject to the regulations, recommend the amount of such compensation. SNWT 1998,c.14, s.10.

(1) Subject to subsection (4), where the Judicial Council has dealt with a complaint against a territorial judge, it shall consider whether the territorial judge should be compensated for all or part of his or her costs for legal services incurred in connection with the steps taken under sections 31.4, 31.5 and 31.6 and this section in relation to the complaint.

(2) Where the Judicial Council holds a hearing in respect of a complaint, its consideration of the question of compensation shall be combined with the hearing.

(3) The Judicial Council’s consideration of the question of compensation shall take place in public if there was a public hearing into the complaint, but shall otherwise take place in private.

(4) Where a complaint is dismissed with a finding that it is unfounded, the Judicial Council shall recommend to the Minister that the territorial judge be compensated for his or her costs for legal services and shall, subject to the regulations, recommend the amount of such compensation.

(5) The recommendation by the Judicial Council to the Minister shall name the territorial judge who was the subject of the complaint, but the Minister shall not disclose the name unless a public hearing into the complaint has been held or the Judicial Council has otherwise made the name of the territorial judge public.

(6) The Minister shall pay compensation to the territorial judge who is the subject of the complaint in accordance with the recommendation by the Judicial Council. SNWT 1998,c.14,s.10.

(1) A territorial judge may only be removed from office where

(2) The Judicial Council shall, without delay, provide a copy of any recommendation under paragraph (1)(b) to the Minister and the Minister shall table the recommendation in the Legislative Assembly if it is then in session or, if not, within 15 days after the commencement of the next session.

(3) An order removing a territorial judge from office under this section may be made by the Commissioner, on the recommendation of the Legislative Assembly. SNWT 1998,c.14,s.10.

(1) The Commissioner, on the recommendation of the Minister, may make regulations

(2) Any regulation made under subsection (1) may be general or particular in its application. S.NW.T. 1998,c.15,s.1(6); SNWT 1998,c.14,s.11; SNWT 2006,c.8.s.19