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SOMBA K'E/YELLOWKNIFE
William Turner has found a powerful backer in his bid to challenge, and to change, the GNWT's affirmative-action hiring policy: the Dene Nation.

Bill Erasmus: Dene Nation national chief agrees policy is out of date. -

"In our recent assembly, we were mandated to intervene in support of what his arguments are, so we are prepared to do that," Dene Nation National Chief Bill Erasmus told Yellowknifer on Wednesday.

Turner, 28, a member of the Temagami First Nation band, located in the Bear Island area of Ontario, who moved to the NWT last year and filed a lawsuit in territorial Supreme Court in May, seeks to strike down the GNWT's affirmative-action hiring policy as unconstitutional. In particular, Turner said he is challenging the aspect of the policy that gives preference to local non-aboriginal residents over southern aboriginal people.

Erasmus said he agrees such a policy is outdated, and unconstitutional.

"This is an old policy," he said. "The idea was to help develop the North by giving all Northerners an advantage - but our aboriginal people have not been getting the higher-end jobs with the territorial government.

"The aboriginal population of the NWT should be around 51 per cent, but the proportion in the workforce is more like 32 per cent."

Erasmus and Turner both argue that the constitution guarantees Canadians' right to move around the country - and live and work where they choose - and that right is even more appropriate for aboriginal Canadians.

"What he's arguing is that if you're aboriginal, then your rights are mobile," said Erasmus, who said provinces including British Columbia and Saskatchewan already recognize this argument in their hiring policies.

Turner said the mobile rights policy is more widespread, everywhere but here Nunavut, and Nova Scotia in which he said a lower employment rate justifies the province giving preference to local hires. As for the Dene Nation's support for his challenge to the GNWT, Turner said he's not surprised.

"We're stronger united than divided," he said. "We're inherently mobile people - that's just part of aboriginal culture, especially Metis - so, I wouldn't expect any aboriginal organization to stand in the way of mobility."

Turner added, however, that he makes a distinction between aboriginal employment with a government - any government in Canada they might want to work for - versus what he describes as the non-transferable rights of specific aboriginal groups to fish, log or perhaps mine in their own regions.

Turner, who has legal training and is representing himself in the suit, will be back in court on Sept. 9 at 10 a.m. He's hoping, by then, intervenors like the Dene Nation will have their written arguments prepared, though he is not sure the challenge will actually be heard before October or November. He's also hoping to gain the support of the Native Women's Association of Canada and other groups.

The GNWT, meanwhile is declining to comment on the court challenge to its current hiring policy. The Department of Human Resources turned down a request for an interview.

"We can't discuss anything now that we would be discussing in court," said spokesperson Cathy Jewison on Thursday.

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