Yellowknife (Sep 25/06) - A Yellowknife Catholic Schools trustee says she was shocked after learning fellow board members excluded her from a decision to seek legal action against a City Hall-handed order allowing non-Catholics to run for the board.

Amy Hacala received court papers Friday afternoon, informing her that Yellowknife Catholic Schools wants the NWT Supreme Court to declare her ineligible to run in the upcoming school board election because she is a non-Catholic.

"As a board member I thought I'd be privy to decisions it made," she said. "And as a public board, they need to have a public vote and this didn't happen."

In addition, she believed the board is wasting money going through the courts.

"I'm obviously disappointed, there's better ways to spend money, like on the students for programming and things," she said.

"There's religious strife all across the world and now it has to be divisive in this community. It's just a shame."

Elected to the board in Oct. 2003, Hacala said the issue of her not being Catholic only started this year.

"It's been uncomfortable in meetings," she said.

"Religion is not the primary focus of the board, it's function is to provide quality education for the kids."

The Catholic school board of trustees and superintendent Kern Von Hagen want a judicial review of a decision to allow non-Catholics to run in the Oct. 16 board election.

On Friday, papers were filed asking the NWT Supreme Court to set aside a decision made by City Hall returning officer Debbie Euchner, that made Amy Hacala and Debora Simpson eligible to stand as candidates despite being, "Persons not of the Catholic faith."

Euchner, who refused News/North's request for a copy of Von Hagen's letter asking to declare Hacala and Simpson ineligible, said she was simply following the law.

"I responded (to Von Hagen) that the grounds stated in the letter are not eligibility requirements under the Local Authorities Election Act," she said.

Catholic board chair Shannon Gullberg could not be reached for comment Friday, but earlier in the week, she told News/North that she feels the act was misinterpreted.

"The only comment I want to make on this issue is the board has considered the matter and we believe the act actually means you need to be Catholic to sit on the Catholic school board," she said.

Julia Mott, cabinet communications coordinator for the territorial government, said the GNWT would be representing Euchner when the case comes before the Supreme Court Sept. 29.

"Because she acts as a statutory officer under territorial legislation and because the issue relates to the proper interpretation of territorial legislation, which means the attorney general of the NWT also has a direct interest in the matter, we will be providing legal counse."

As for what impact the judicial review will have on the Oct. 16 election, Mott said it's up to the judge.

"We are hoping that it doesn't impact the election," she said. "We are operating as if it won't impact it at this time but the judge does have jurisdiction to make a number of different rulings and we'll abide by it," said Mott.