The Hay River District Education Authority (DEA) requested the legal opinion in a letter to Education Minister Jake Ootes last month.
"We have forwarded it for that legal opinion," says Sue Glowach, the department's manager of public affairs.
Glowach says a response is expected sometime in May from Department of Justice lawyers.
"We will have no comment until we receive that legal opinion back," she adds.
The DEA letter to Ootes argued Butler's dismissal last month was illegal because no SSDEC meeting was held to make the decision. It also asked for a legal opinion on the overall removal procedure and any possible violation of the Canadian Charter of Rights and Freedoms, including the right of free expression.
Butler, the chair of the Hay River DEA, was accused of violating the SSDEC's code of conduct, including by allegedly misrepresenting budget and allocation decisions and unfairly criticizing two council employees in the media.
The ousted rep would like to see the government lawyers agree his dismissal was illegal so he could return to the SSDEC.
"Hopefully, it will clarify in the minister's mind the concerns that Hay River had that things weren't done legally," he says.
As for the SSDEC, chair Ann Pischinger says, "The council looks forward to receiving feedback from the minister on this issue."
The SSDEC has requested the Hay River DEA appoint a new representative.
At its April 11 meeting in Fort Smith, the SSDEC unanimously passed a motion confirming its consensus decision to dismiss Butler. However, the Hay River DEA did not send a delegate or an observer to the meeting.
The issue of Butler's dismissal is the latest chapter in an ongoing saga of the Hay River DEA versus the SSDEC. There have been previous calls for the community to have its own school board.