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HAY RIVER - A court hearing was held in Hay River last week about how signatures should be verified on petitions to town council.

The case arises from a controversial application to council to rezone a lot on Cameron Crescent.

In July, Ron Karp displayed a copy of a petition against a rezoning application for a lot on Hay River's Cameron Crescent. - NNSL file photo

In July, opponents launched a petition calling for council to hold a plebiscite on the rezoning, but the petition was rejected.

Town administration challenged whether many of the names on the petition were actually of eligible voters, as required by legislation.

The petition organizers took the matter to the NWT Supreme Court, even though council voted in late September to reject the rezoning application.

The petition contained 680 signatures, many more than the 25 per cent of eligible voters required under the Cities, Towns and Villages Act to request a plebiscite.

However, the town challenged 152 names, since they were not on the voters' list.

Those signatories were required to make declarations they met voter eligibility requirements, but only 10 showed up at town hall to do so.

Hay River resident Harvey Werner, who argued the case for the petitioners before Justice Louise Charbonneau, said the petition itself contained an introductory line stating people signing it were declaring themselves to be eligible voters in Hay River.

Whether someone was on the voters' list is irrelevant, said Werner, adding many people on the list no longer live in the community and others are deceased.

Plus, he claimed there is nothing in legislation requiring petitioners to sign declarations.

The wording of the petition was also approved by the Department of Municipal and Community Affairs, he said.

Werner also argued it would be impractical for a notary public to come along when a petition is being circulated so people not on the voters' list could sign declarations that they are eligible voters.

"It would cause mayhem," he said.

Charbonneau asked Werner why the court should rule on the matter since the application for rezoning had been defeated by council.

Werner said the issue is for future petitions.

John Hope, the Edmonton lawyer representing the Town of Hay River, argued the issue of the petition is moot, since the rezoning application was rejected.

Charbonneau then asked whether there was an advantage in clarifying the matter now, rather than wait until some other petitioners run into the same issue and end up in court.

Under the Cities, Towns and Villages Act. The town's senior administrative officer could not just accept the names on a petition without question.

"She has to do something more," Hope said. "She has to determine whether they are eligible voters."

One of the ways was to compare the names on the petition to the voters' list, he said, adding people not on the list could still sign a declaration that they were eligible.

Charbonneau will issue a written decision on the matter.

Following the hearing, Ron Karp, one of the petition's main organizers, said the right to petition was interfered with by the town's action in challenging the names.

"The right to petition is what's on the table here," he said.

Karp said he hopes the judge will clarify the situation.

"You just can't wait till it happens again," he said. "It has to be clarified."