Christine Grimard
Northern News Services
Published Friday, November 2, 2007

YELLOWKNIFE - Yellowknife Catholic Schools (YCS) has been charged with starting construction too early on modular classrooms outside St. Joseph school, after the city of Yellowknife withdrew charges against YCS's contractor, Clark Builders.

Dave Brothers of Clark Builders was originally charged in September for not waiting the mandatory two-week appeal period following approval of the development permit before starting construction.

Kerry Penny, the city's legal advisor on the case, confirmed that the charges against Brothers have been withdrawn and the school board has now been charged.

The school board's lawyer, who represented Brothers, applied to have the charges transferred to YCS, said Mike Huvenaars, assistant superintendent-business for the board.

"We never thought that Dave should have been charged," said Huvenaars.

He said Brothers was charged originally because his name was on the permit.

But he said because Brothers was acting as an agent for YCS, it's only fair that they be charged.

Jeffrey Humble, director of Planning and Lands for the City of Yellowknife, said this made sense as Brothers was acting under the school board's direction.

"Technically, Clark Builders was working for the school board on that," said Humble. "It was the school board that gave direction."

The charge is summary, punishable by a fine of up to $1,900. The school board will appear in court Nov. 6.

While Brothers said he is happy that the charges against him have been dropped, he said he thinks it's unfair that anyone was charged in the first place.

"I'm not happy that somebody's charged, it shouldn't have happened," said Brothers. "It's not like they're a big development company, they were trying to get kids in school."

Huvenaars would not comment further on the case before the school board's appearance in court.

Humble said as far as he is aware there were no complaints against the school board, but that it was clear they did not comply with the bylaw.