A Toronto judge has ordered the Legal Services Board of Nunavut to re-examine its decision denying an Iqaluit lawyer reinstatement to the roster of private criminal counsel who accept legal aid clients.
Judge finds procedural unfairness
In a decision delivered Aug. 6, Justice Paul Rouleau concluded the board “breached its duty of fairness” when it refused the reinstatement application of Alison Crowe, who had been a member of the board’s panel for about a decade before stepping down in October 2024 to become a justice of the peace. The judge did not directly reinstate Crowe; instead he returned the matter to the board for fresh consideration.
“The appropriate disposition is simply to remit the matter to the [board] for reconsideration.”
The order requires the Legal Services Board to reconsider Crowe’s application in light of the material filed during the court process, including the applicant’s responses to the concerns raised by the board.
Background and board concerns
Crowe told the court that legal aid work had been a substantial portion of her practice, with legal aid files making up at least four-fifths of her annual income. She resigned from the panel in October 2024 and later applied to rejoin.
- Crowe was a panel member from around 2012 until October 2024.
- She applied to rejoin the panel in June 2025 and was denied admittance.
- She then sought a judicial review asking a judge to order reinstatement.
In informing Crowe of its decision, the board’s co-chair, Tim Zehr, listed concerns that included her interpersonal skills, ability to work with Inuk staff and interactions with staff lawyers and judges. Under judicial-review rules, the board was required to file evidence explaining its reasons; Crowe, for her part, had to show why those concerns were unfounded or did not justify denying reinstatement.
Judge stops short of ordering reinstatement
While critical of the board’s process, Justice Rouleau did not find the denial was motivated by bad faith. He directed the board to reconsider now that it has the benefit of Crowe’s response to its concerns, and expressed trust that the board “will exercise its discretion fairly and appropriately.”
| Event | Date (from court record) |
|---|---|
| Panel membership began | around 2012 |
| Resigned to become justice of the peace | October 2024 |
| Applied to rejoin panel | June 2025 |
| Judge's decision remitting matter | Aug. 6 (decision date) |
The legal-services board was represented in the January proceeding by lawyer Stephen Bird, who had not responded to requests for comment by the time of reporting. Crowe declined to elaborate beyond a public statement indicating the decision and pleadings are public documents and speak for themselves.
Local implications
For Iqaluit residents who rely on legal aid for criminal representation, panel membership decisions affect which lawyers are available to take cases and how consistently clients can access counsel. Crowe’s account that legal-aid files constituted a major share of her practice underscores how panel access can shape the private legal market in Nunavut, where a small number of lawyers handle a high volume of legal aid matters.
The judge’s ruling is procedural: it does not resolve the underlying dispute about the board’s substantive concerns. Instead it requires the board to undertake a fairer decision-making process, giving Crowe the opportunity to address the criticisms that led to her denial.
The board must now reconsider the application with the benefit of the record developed in the judicial-review proceedings. The outcome will determine whether one experienced Iqaluit lawyer returns to the panel or whether the board upholds its earlier decision after re-evaluating the matter.
