First

Session, 46th General Assembly

Elizabeth II, 2008

BILL 29

AN ACT TO AMEND THE

LEGAL AID ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

JEROME P. KENNEDY, Q.C.

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Legal Aid Act to repeal subsection 31(2)

as it causes confusion and is contradictory to the proposed subsection (3.1).

The Bill would also add a new

subsection 31(3.1) to allow the accused a choice of counsel in situations where

the person is charged with murder, manslaughter or infanticide.

A BILL

AN ACT TO AMEND THE LEGAL AID ACT

Analysis

S.31 Amdt.

Solicitor may be appointed

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-11

as amended

1. (1) Subsection 31(2) of the Legal Aid Act is repealed.

(2) Section 31 of the Act is amended by adding immediately

after subsection (3) the following:

(3.1) Where the application is for legal aid with

respect to an offence of murder, manslaughter or infanticide the applicant may select a solicitor employed

by the commission or a solicitor in private practice in the province, except a

solicitor whose name has been removed from the panel, other than upon his or

her own request, however, this subsection does not place an obligation on that

solicitor to act for the applicant.

Earl G. Tucker, Queen's Printer