Richard Gleeson
Northern News Services

NNSL (Jun 19/98) - NWT Supreme Court Justice Howard Irving put it in writing Tuesday.

The topic: Irving's written explanation of his recent ruling that secret meetings of city council were illegal.

The May 27 ruling spelled the end of a two-year court challenge launched by the Yellowknife Property Owners Association over the closed door-meetings, at which decisions were reportedly made.

Much of Irving's written decision was based on evidence given by former city administrator Doug Lagore.

"Lagore ... conceded that the briefing sessions developed into something beyond simple informal meetings," wrote the judge.

"For example, he explained that in addition to his updating the aldermen, briefing sessions enabled him to receive directions from council about many issues and also to consider confidential matters."

Lagore testified it was easier to deal with matters he felt were confidential during the secret meetings, because going in-camera at a regular council meeting required debating, sometimes extensively, whether the issues needed to be discussed secretly.

As a result, wrote Irving, "most, if not all, of confidential matters were dealt with at briefing sessions rather than resorting to the more cumbersome proceeding of (council) meetings in camera."

The judge noted minutes kept of the proceedings of the meetings, "supported (former alderman Dick Peplow's) evidence that the briefing meetings were intended and did develop consensus on the issues facing the city."

Though the city referred to them by a different name, the judge ruled that secret meetings were effectively closed council meetings. Municipal legislation requires all council meetings to be held in public.

On the role of Lagore, Justice Irving noted the former administrator testified the meetings were his idea in the first place. He served as the city's senior administrator for 11 years.

"Lagore clearly regarded these briefing sessions as his meetings.... The mayor would act as chairman; Mr. Lagore felt that he did the bulk of the speaking."

Irving noted Lagore notified aldermen of the meetings, prepared the agendas and arranged seating.