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SOMBA K'E/YELLOWKNIFE - The Yellowknife Catholic school board will take the territorial government to court if it insists on merging it with other school districts and health and housing agencies, says the board's chair.

"We want to ensure the continued existence of a distinct, unique and separate Catholic school board in Yellowknife," said Mary Vane, Wednesday.

The Catholic school board had been silent about the issue until this week. The board issued a press release Tuesday warning Premier Floyd Roland and Michael Miltenberger, the minister in charge of a "re-focusing committee" tasked with amalgamating 70 public service boards in the territory down to seven, that the Catholic school district won't go down without a fight.

When asked if the board felt confident it could win a court challenge of the merger plan, Vane said, "We feel our case is very strong."

The Catholic board's press release argued that merging Catholic schools with a single board administering health, housing and education in the North Slave "would be in direct conflict with the rights bestowed by section 16 (n) (ii) of the Northwest Territories Act and the constitutional rights of the Catholic community in Yellowknife."

The section in question states the Protestant or Roman Catholic communities in the territory may establish separate schools and school boards and govern themselves independently.

The Catholic board has submitted a legal document drafted by their legal council, along with a letter written by Vane to Roland and Miltenberger outlining their position and their right to maintain, manage and control their education services.

The letter states "that the premier and responsible minister be made aware of the serious interference of statutory and constitutional rights that this strategic initiative would entail."

Miltenberger said his office received the letter and legal document on Tuesday and the government's team of lawyers is preparing a response to it.

"There have been legal issues raised and we've got our best legal minds put to this to work with us to map out the way forward," said Miltenberger.

The French school board – the Commission scolaire francophone, Territories du Nord-Ouest – has also dismissed the merger plan.

If the government goes ahead with its merger plans – slated for 2011 – and the Catholic board follows though on its threat, it won't be the first time Yellowknife Catholic Schools and the GNWT have faced off in court.

The Catholic board is currently appealing a court ruling allowing non-Catholics to seek election to its board as school trustees. The territorial government is in favour of allowing non-Catholic trustees to run for the Catholic board.

Vane said, however, the Catholic board would rather sit down with Miltenberger for a discussion on the merger before heading to the courts.

A meeting between Miltenberger and the three Yellowknife school board chairs to discuss board reform is scheduled for Dec. 11.