Vancouver lawyer fighting to keep representing N.W.T. legal aid clients
David C. Tarnow is asking judge to review legal aid decision to remove him from list of out-of-town lawyers
A Vancouver lawyer has gone to court in an attempt to keep representing legal aid clients in the Northwest Territories.
David C. Tarnow has asked the N.W.T. Supreme Court to review a decision the Legal Aid Commission made to remove him from the list of out of town lawyers who do legal aid work in the Northwest Territories.
In court documents, Tarnow said he was initially told he was being removed from the list for 2020 because of the high travel costs associated with him coming to the N.W.T. from Vancouver. He says he pointed out to the commission that it uses other lawyers from Vancouver and Ontario and asked for more information about the decision.
He says he received no reply until a Sept. 5 meeting in Yellowknife with the executive director of the commission. Tarnow says the executive director told him there was no issue with the quality of his work, but that he charges too much.
In an affidavit, Tarnow says the fees he charges accord with a fee schedule the commission uses that allows for higher fees for lawyers who have more experience. According to his firm's website, Tarnow has been practising law since 1977.
Still involved in N.W.T. case
In the Sept. 19 affidavit, Tarnow says he's been on six court circuits since being allowed to work for legal aid in May 2018. He said his successes include defending a man accused of aggravated assault in Fort Simpson.
Tarnow said the jury acquitted the man within 15 minutes of beginning its deliberations. He says there was a lot at stake for his client — the prosecutor had given notice they would be applying to have the man declared a dangerous offender if he was found guilty.
Tarnow says he's still involved in one case that's still winding its way through the N.W.T. courts. He pointed out that he's conducted a voir dire — a hearing that is usually held to determine the admissibility of evidence — for another Fort Simpson man facing sexual assault allegations. A decision on that hearing is scheduled to be given on Dec. 17.
Under the rules of court, the Northwest Territories Legal Aid Commission must provide Tarnow and the court with a copy of its formal decision, any reasons associated with it, and a description of the process it used to reach that decision.
It has yet to respond to the request.
Tarnow did not return a message left with his office assistant.
The case is due in court on Oct. 11.