Christine Grimard
Northern News Services
Friday, May 25, 2007

YELLOWKNIFE - The Supreme Court of the NWT has rejected the Catholic school board's attempt to block the election of non-Catholics to the board.

Chief Justice J.E. Richard ruled that Sect. 93 of the Constitution Act, which protects the rights and privileges of denominational schools, does not apply in the NWT.

In his decision, Justice Richard pointed to the Northwest Territories Act and the Local Authorities Elections Act, which says that a person is eligible to be nominated if they are a resident of the electoral district.

Yellowknife Catholic Schools lawyer Kevin Feehan had argued in court that "resident" should be read to mean both geographically and a person of the Catholic faith.

Richard didn't agree. He ruled that since residents of any faith can choose to support the school district, they would all be considered residents of that district, regardless of whether they were Catholics.

Education Minister Charles Dent said the ruling "affirms what's been the status quo in the NWT for decades."

Shannon Gullberg, YCS chair, would not comment on Richard's ruling.

YCS trustee Amy Hacala, a non-Catholic whose election to the board prompted the legal challenge, could not be reached for comment.

Yellowknife Catholic Schools has been engaged in a battle with the Department of Education, Culture, and Employment to gain more classroom space.

Dent has proposed that YCS limit enrollment of non-Catholic students, an option Gullberg rejected.

Gullberg said in an interview two weeks ago that by arguing that the board can't exclude non-Catholics from its ranks, but can limit non-Catholic enrolment in its schools, Dent is taking "two diametrically opposed views."

Dent said "We're not saying they can't take non-Catholics, but we can't be forced to make more space for them if they do."