Yellowknife (Oct 02/06) - The Yellowknife Catholic Schools challenge of territorial legislation that permits non-Catholics to seek trustees positions will not be heard until late October or early November.

Lawyers for YCS and the Attorney General of the NWT appeared before Justice Virginia Schuler Friday, who adjourned proceedings until an undetermined date expected late October or early November.

What is shaping up to be a constitutional battle between YCS and the GNWT was sparked after the school board and superintendent Kern Von Hagen demanded trustees candidates Amy Hacala and Debora Simpson be declared ineligible because they are not Catholics. City hall returning officer Debbie Euchner ruled they were eligible, basing her decision on the GNWT Local Authorities Elections Act.

In court documents, YCS lawyer Kevin Feehan requested the matter be heard before the Oct. 16 municipal election. "It is essential that the matter be heard between Oct. 2 and Oct. 13 with a direction that any votes cast for Ms. Hacala or Ms. Simpson on advanced polling be deemed spoiled ballots, should (YCS and school superintendent Kern Von Hagen be successful in their application," wrote Feehan.

With no court date set and no request to postpone the election, the Oct. 16 vote for Catholic school board trustees will go forward, according to Euchner.

Lawyer for the GNWT Martin Goldney declined to comment on the case.