Call in the lawyers
City to take territorial government to court over electoral boundaries

Richard Gleeson
Northern News Services

NNSL (Nov 20/98) - Let the battle begin.

Residents, city MLAs, and councillors decided Thursday night to call the territorial government to task in a court of law, challenging its decision to refuse the city two more seats in the government of the new western territory.

"This isn't Yellowknife versus the rural areas, it's the rural areas versus Yellowknife and shame on them for making us have to go this far," resident and Metis Local 66 president Bill Enge told the gathering of about 55 people.

"I think this is a good fight and we should get at it," added Enge.

That was one of the few shows of passion during the two and a half hour meeting at St. Pat's high school.

"I don't see any need to point fingers at other ridings, except at a very basic level, for the purposes of comparison," said Coun. Robert Slaven, who chaired the meeting.

Value of a vote

Discussion focused on the value of votes in Yellowknife compared to other western ridings.

Last week the territorial government rejected its electoral boundaries commission recommendation to give the city two more seats in the new western assembly.

The commission was struck to deal with population differences among ridings in the western NWT which violate Canadian Charter of Rights and Freedoms provisions to safeguard the principle of representation by population.

Under the charter, the most a population of any riding can vary from the average is 25 per cent.

The average population of western ridings is 2,824. Yellowknife South and Yellowknife North are the two most under-represented ridings in the West, with 152 per cent and 49 per cent more people than the average, respectively.

The most over-represented ridings are Tu Nedhe, with 70 per cent fewer people than average, and the Deh Cho, at 63 per cent fewer average.

Not unanimous

Before Thursday's discussion moved to how to mount a legal challenge there was brief debate on whether a challenge should be mounted.

Resident Haig Carthew recommended the city take a magnanimous approach and wait until the second western election for the ridings to sort themselves out.

That approach was rejected by the vast majority of those in attendance, among them Frame Lake MLA and Cabinet Minister Charles Dent. Dent recalled that in the late 1980s, the city threatened a similar court action, spearheaded by then mayor Pat McMahon, when the territorial government appeared to be ready to reject the recommendation that Yellowknife get a fourth seat.

"Without the city having said there will be a court challenge, we wouldn't have that fourth seat," said Dent.

The gathering voted to form an organization to oversee the challenge. An executive composed of Slaven, a Yellowknife MLA, city Coun. Dave Ramsay, Bill Enge, Bob MacQuarrie and Fraser Weir was appointed.

Lawyer Garth Wallbridge estimated the court costs would be in the order of $110,000.

City council's financial and political involvement in the challenge will be discussed at Monday's regular meeting of council.