City supports court challenge
City donates $25,000 for legal battle against territorial government

Richard Gleeson
Northern News Services

NNSL (Nov 25/98) - Despite arguments against it from one member of council and two members of the public, the city has backed the legal battle for two more seats for Yellowknife in the western territory's legislative assembly.

"If the MLAs do not do what is right and legal, then we'll let the courts make the decision for them," said Coun. Bob Brooks. He also said he believes the challenge may not be necessary, that the territorial government will reverse its decision once it realizes Yellowknifers are willing to challenge it in court.

The city agreed to contribute $25,000 to the Friends of Democracy, a group formed at a public meeting last week. The group plans to mount a constitutional challenge of the territorial government's decision to reject the recommendation to give Yellowknife two more seats in the assembly of the new western territory.

The recommendation came from a government appointed commission. In its report, the commission noted the city is under-represented by population compared to smaller ridings.

Coun. Robert Slaven, who spearheaded the meeting and is serving as an interim member of the group's executive, declared a conflict of interest and absented himself from the discussion.

Marina Devine, a 23-year resident of the city, warned council "The city of Yellowknife will be seen to support divisiveness and power grabs as we proceed toward division," if it got involved in the challenge.

The city has no business getting involved in such a court action, added another resident, Mary Beth Levan.

"This isn't a power grab," Coun. Peggy Near later countered. "It's about standing up for your rights."

At the recommendation of Coun. Dave Ramsay, who confessed residents he had spoken to were split on the issue of the city's involvement, the donation came with a condition -- that the city have first rights to collecting it back in the event that court costs are awarded the group.

Coun. Kevin O'Reilly was the only member of council to oppose the donation. He noted the city had not solicited a legal opinion nor questioned whether it had the mandate to get involved in the dispute. The city, he added, had yet to receive so much as a letter of proposal from the Friends of Democracy.

"It is my firm belief that it is not in the best interests of all of our constituents for the city to take sides in this issue, which is fundamentally about individual versus collective rights," said O'Reilly in a prepared statement.

He also noted: "I never shy away from a good debate when it comes to principles I believe in, but we must recognize that Yellowknife's block funding arrangement is up for negotiation next year."