Richard Gleeson
Northern News Services

NNSL (May 29/98) - City council and secret meetings don't mix. That's the law.

NWT Supreme Court Justice Howard Irving ruled Wednesday that the practice of holding closed-door meetings is illegal, a decision being hailed as a victory for the community and the democratic process.

"Whatever the original intention was in having these briefing sessions, the original purpose has evolved and broadened to the point where, in my view, they became de facto council meetings," said Irving in handing down his ruling on a suit against the city the Yellowknife Property Owners Association.

The judge said he arrived at the conclusion based on evidence that showed council had instructed administration and conducted business during the closed meetings.

The case is the first of its kind to be heard in any province or territory west of Ontario, and will serve as a precedent.

Irving noted that though city hall maintained the meetings were merely administrative briefings, on at least on one occasion, staff were excluded from a secret meeting.

"I'm very pleased that democracy has returned," said Ken Pook, co-founder and former president of the association. "The banana republic is now a piece of history."

Pook estimated he personally contributed more than $14,500 of the approximately $50,000 it cost to take the city to court over secret meetings.

"He deserves to get as much of his money back as possible, because his views have been vindicated by your ruling today," association lawyer Steven Cooper told the judge while arguing for the association's costs in the case.

Cooper said earlier that he came close to asking that he might be asking to be removed as counsel from the case because of the mounting costs.

"Not only were my clients very far behind (on their legal bill) but they were having trouble raising the funds to continue," said Cooper.

The judge ordered the city to pay approximately half of the association's costs. The city had argued it should pay about 10 per cent.

For its part, the city has spent about $55,000 so far on the case, although staff say the final bill has not been tallied.

As soon as the judge left the courtroom, the lone member of city council in the courtroom congratulated association members.

"You've performed a valuable service for the community," said Robert Slaven. "I'll try to make sure it never needs to happen again."

Secret meetings were replaced by committee-of-the-whole sessions shortly after the new council was elected, last October. The association decided to pursue the case, initiated Jan. 18, 1996, to put a permanent end to the practice.

The most persuasive argument heard during the five-day hearing was also one of the simplest.

Following the "if it walks like a duck, and talks like a duck it's probably a duck" rationale, Cooper verbally and graphically illustrated the similarities between secret meetings and open sessions of council.

Both were chaired by the mayor, held regularly in the same place, attended by the same members of council and administration, followed similarly styled agendas and records of both were kept by the clerk.

"The most important thing here is councillors have to take back responsibility from the bureaucrats," said Cooper.

"Just because it's easy, because its convenient and expedient doesn't make it right."

Meanwhile, within an hour of Wednesday's ruling on secret meetings the most ardent opponents of secret meetings were calling for the resignation of mayor Dave Lovell.

Lovell has served on two councils that used secret meetings -- gathering he said were introduced about 10 years ago by then mayor Pat McMahon.

The mayor said he has no intention of resigning, and emphasized that no evidence was presented that there was anything immoral or unethical going on at the meetings.

"I certainly wouldn't have done it if I thought it was illegal," said Lovell of the meetings. "If I don't know the speed limit and it's 15 miles an hour and I'm going 25, it's illegal, but it's not immoral."

The mayor said he couldn't remember if any votes were held at the secret meetings or why, during at least one, city staff were ordered out of the room.

Two alderman -- Blake Lyons and Bob Brooks -- and the mayor served on the last council.

During the October election campaign, all three offered some defence of secret meetings.

It was at a secret meeting in February 1997 that Brooks was selected to fill the seat vacated by John Dalton. At the time Lovell defended making the decision behind closed doors as a "personnel matter."

The issue of resignations caused a serious rift in the property owners' association executive the day the decision came down.

Secretary-treasurer James Phillip threatened to resign if the association did not "strike while the iron is hot" and demand Lovell's resignation that day.

President Matthew Grogono said the group had not yet made a decision on the matter.