Richard Gleeson
Northern News Services
NNSL (Dec 09/98) - Friends of Democracy is scheduled to initiate court action against the territorial government today.
In a press release issued Monday, the organization said its lawyers would file papers in NWT Supreme Court at 2 p.m. today.
"From a legal point of view this is the first step," said Robert Slaven, the group's president. "The next step involves a response from the other side."
Tonight at 7 p.m. in the foyer of St. Pat's high school, Friends of Democracy is inviting supporters to contribute to the challenge. The group's lead lawyer, Brian Wallace, will field questions.
The originating notice of motion, as the document is known, asks that the law establishing existing electoral boundaries in the west be declared unconstitutional and, therefore, of no force or effect.
The notice of motion names the Commissioner of the NWT as a respondent and also asks that the court to award Friends its court costs.
Friends of Democracy, a group of citizens and municipal politicians, was formed last month after the legislative assembly rejected the electoral boundary commissions report. The report recommended Yellowknife be given two more seats in the new Western Territory's legislative assembly.
The group has incorporated itself as a non-profit society. Treasurer Bill Enge said the group has determined how costs, if they are awarded and if there is any money left over after the lawyers are paid, will be returned to donors.
"If there's any surplus money left over, we will use it to pay back the $25,000 the city donated, then distribute it on a pro-rata basis to those who contributed $100 or more," said Enge.
Earlier, when the group was determining what form it would adopt, Slaven said the rules for non-profit societies required any money left when a society was dissolved would have to be given to charity.
Slaven said the group has discovered otherwise, that contributions can be returned to donors as long as they are not members of the society.
"The lawyer will be there to answer questions like that at the meeting," said Slaven.
The city's $25,000 donation was given on the condition that it be first in line among donors for repayment in the case of an award of costs.