1. IDENTIFICATION Position No. Job Title Supervisor s Position 05-NEW Executive Legal Officer, Court Administration Nunavut Court of Justice Director of Court Services, Nunavut Court of Justice (05-09972) Department Division/Region Community Location Justice Court Services Iqaluit Nunavut Justice Centre Fin. Code: 05660-01-1-111-0545000-01-???? 2. PURPOSE Main reason why the position exists, within what context and what the overall end result is. The Nunavut Court of Justice (NCJ) is a unified trial court administering justice to the Nunavut territory. The NCJ has a current complement of five resident puisne judges, one Senior Judge and approximately 90 deputy judges recruited from other jurisdictions. The NCJ is a superior court with all the powers and legal responsibilities of both a superior court and a provincial or territorial court. The NCJ has a plenary trial jurisdiction in all civil and criminal matters and serves as an Appeal Court for matters originating in the Justice of the Peace Court. The NCJ Court registry also serves as a registry for the Nunavut Court of Appeal and is a receiving agent for the Federal Court of Canada. The court operates on a court circuit model and regularly sits in 25 communities across the Territory. The Executive Legal Officer, Court Administration ( ELOCA ), reports to the Director of Court Services ( Director ). In addition to the tasks and responsibilities assigned by the Director, the ELOCA works in tandem with the Executive Legal Officer, Office of the Senior Judge, to carry out assignments and responsibilities tasked by the Senior Judge and as such, from time to time, is supervised by and receives direction from the Senior Judge. The ELOCA acts as advisor to the Director of Court Services, the Registrar of the Nunavut Court of Justice, the Clerk of the Court, the Sherriff and the Senior Judge. The ELOCA acts as in-house counsel doing legal research, drafting memorandums of law and drafting policies on issues related to court administration and the administration of justice in general.. The ELOCA reviews all filings with the Nunavut Court of Justice to ensure compliance with the Rules of Court and Practice Directives. The ELOCA provides legal opinions, training and support to the civil registry and Sheriff s Office. Providing mentorship and support to the civil registrar, the ELOCA is responsible for reviewing file construction within the registry and ensuring files are being created in a manner that is consistent, efficient and organized to suit the desires of the Judiciary and to maintain an accurate court record. 3. SCOPE Describe in what way the position contributes to and impacts on the organization. -Works independently on a wide range of matters. Executive Legal Officer, Court Administration Page 1 Reviewed November 5, 2015
-Work is assigned and supervised by the Senior Judge of the Nunavut Court of Justice and the Director of Court Services. -Drafts policy, practice directives and legal memorandums under the supervision of the Senior Judge to assist in the proper administration of justice. -Oversees all filings with the Supervisor, Civil Registry of the Court to ensure compliance with the Rules of Court and Practice Directives. -Provides mentorship and initiates training and capacity building exercises for the registry and Sheriff s Office. -Provides day-to-day legal direction to registry and sheriff s staff on the operation of each department. 4. RESPONSIBILITIES Describe major responsibilities and target accomplishments expected of the position. For a management position, indicate the subordinate position(s) through which objectives are accomplished. The ELOCA acts as in house legal counsel to the administration of the Nunavut Court of Justice via the department of Court Services. In addition to providing day-to-day legal advice, the ELOCA is tasked with developing administrative policies, providing mentorship and oversight to the civil registry, drafting training materials and conducting educational exercises for civil registry and Sheriff s office staff. The incumbent holds statutory appointments as (1) Registrar, Court of Appeal, (2) Clerk of the Nunavut Court of Justice, and (3) Clerk of the Nunavut Court of Justice Youth Court. Each such appointment requires the exercise of powers, functions and duties in accordance with the law and judicially established practices and procedures. Information given to lawyers and public must be accurate, complete and consistent to avoid unnecessary confrontations and the overuse of resources. As the Clerk of the Court, the ELOCA also is the Taxing Officer for the Court and is responsible for the taxing of all matters that come before the Court for Assessment. The ELOCA also is responsible for the delegation of any taxing matters to Deputy Clerks. The taxing of costs is an adjudicative process that requires the consistent application of legal principles; errors on taxations may lead to appeals to the judiciary and the unnecessary use of judicial resources. The ELOCA identifies issues with the administration of the registry, the utilization of the Rules of Court and Rules of Small Claims court and assists the Senior Judge and Director in troubleshooting problems relating to court administration. Under the direction of the Director, the ELOCA drafts letters and memorandums to the Deputy Minister and Minister of Justice on behalf of Court administration. Assists the Director in drafting administrative policies to ensure the NCJ s administrative operation is compliant with legislation. The ELOCA is a communications officer for the NCJ administration and the Director. The ELOCA liaises with legislative counsel, officials of the Department of Justice, the Federal Prosecution Service, the legal profession,, and the public as required on issues related to the administration of the Court.. Coordinates and attends court committee meetings on behalf of Court administration. The Executive Legal Officer, Court Administration Page 2 Reviewed November 5, 2015
ELOCA is an active member of the Courts Management Team and assists the Director; Manager Business Planning & Support, and other members of the team in developing, communicating and implementing appropriate policies and procedures. The incumbent attends all meetings of the Court Services Executive Committee and attends, as required, all meetings of the Judicial Management Committee; Represents the Judiciary of Nunavut at all national meetings of the Association of Court Chief Executive Officers (ACCEO) as required. The incumbent must communicate clearly and effectively, both orally and in writing in order to prepare and review legal documents, forms and policies; and, performs research gathering & legal analysis of facts, prepares opinions and gives legal advice. Works and organizes time independently and effectively. Computer literate and able to perform all required tasks without secretarial support. Prepares and presents legal education seminars for court services, justice of the peace Court, or any other group under the direction of the Director or the Senior Judge. Completes administrative duties as directed. Travels on court circuit and business as required by the Director. Any further duties as assigned. Acts for the Executive Legal Officer, Judicial Administration as required. 5. KNOWLEDGE, SKILLS AND ABILITIES Describe the level of knowledge, experience and abilities that are required for satisfactory job performance. 1. Common Law degree from a recognized Canadian University, and membership in the Law Society of Nunavut and / or be a member in good standing of a Provincial or Territorial Bar. 2. Eligible to obtain membership in the Law Society of Nunavut within a reasonable time. 3. Minimum 5 years of call to the Bar (admission to practice) in Nunavut including a minimum of 3 years civil law practice experience; experience gained in another jurisdiction may be assessed as equivalent. Knowledge of and experience in: the laws of Canada and Nunavut; Criminal and Family Law, Inuit and/ or northern social and legal issues; and/or Court policies and operations would be considered an asset. The incumbent should have the following experience and abilities: - A minimum of five years of progressively responsible experience as a legal generalist with an ability to prepare reasoned opinions on a wide variety of complex legal problems; - In depth knowledge of civil procedure with specific emphasis on the Rules of Court and the Rules of the Court of Appeal - Excellent research, writing and analytical skills; Executive Legal Officer, Court Administration Page 3 Reviewed November 5, 2015
- The ability to work independently; - Strong organizational skills; - Experience developing policy; - Legal drafting skills to develop rules, practice directives, and forms; - An ability to work well with the judges, court services staff, lawyers, government officials, the media and public with an emphasis upon tact and diplomacy; - Good communication and public speaking skills; - Experience with general computer programs including Microsoft Word, PowerPoint, and Excel; - Experience with legal research databases such as Quicklaw, Westlaw; - A broad knowledge of civil procedure, criminal and family law; and, - An ability to work well in a cross-cultural environment. English is required for this position, but a capacity to communicate in French, Inuktitut and / or Inuinnaqtun would also be an asset in enabling the incumbent to explain legal issues to unilingual Justices of the Peace, and to read translated versions of legal documents or legislation. As well, the incumbent may, at times, deal with legal inquiries directed to the court by the general public in any one of the official languages which may assist him / her to use a language other than English. 6. WORKING CONDITIONS List the unavoidable, externally imposed conditions under which the work must be performed and which create hardship for the incumbent. Express frequency, duration and intensity of occurrence of physical demands, environmental conditions, demands on one s senses and mental demands. Physical Demands Indicate the nature of physical demands and the frequency and duration of occurrences leading to physical fatigue. The candidate uses a computer for a considerable percentage of the work day, which involves use of a VDT and could experience discomfort from eyestrain, repetitive strain in the arms and fingers, or from long periods of sitting. The position may involve occasional light lifting. Working conditions are those experienced in a typical Nunavut office environment. Environmental Conditions Indicate the nature of adverse environmental conditions to which the jobholder is exposed, and the frequency and duration of exposures. Include conditions that disrupt regular work schedules and travel requirements. Typical office environment Some travel may be required from time to time Sensory Demands Indicate the nature of demands on the jobholder s senses to make judgments through touch, smell, sight and hearing, and judge speed and accuracy. Candidate will need the means to perform all the job functions described, to the exacting standards required in a legal environment, including under circumstances of extreme time Executive Legal Officer, Court Administration Page 4 Reviewed November 5, 2015
pressure which will inevitably occur from time to time. Mental Demands Indicate conditions that may lead to mental or emotional fatigue. In this office there is pressure to produce work rapidly, with competing priorities, and to a standard that is Court-ready. The employee may be functioning under stress, a high volume of work, and with tight deadlines. The ability to stay organized and flexible will also be essential. ADDITIONAL REQUIREMENTS Position Security No criminal records check required X Position of Trust criminal records check required Highly sensitive position requires verification of identity and a criminal records check Executive Legal Officer, Court Administration Page 5 Reviewed November 5, 2015
7. CERTIFICATION Employee Signature Director of Court Services Supervisor Title Printed Name Supervisor Signature Date: I certify that I have read and understand the responsibilities assigned to this position. Date I certify that this job description is an accurate description of the responsibilities assigned to the position. Deputy Head Signature Date I approve the delegation of the responsibilities outlined herein within the context of the attached organizational structure. 8. ORGANIZATION CHART Please attach Organizational Chart indicating incumbent s position, peer positions, subordinate positions (if any) and supervisor position. The above statements are intended to describe the general nature and level of work being performed by the incumbent of this job. They are not intended to be an exhaustive list of all responsibilities and activities required of this position. Executive Legal Officer, Court Administration Page 6 Reviewed November 5, 2015