Daniel MacIsaac
Northern News Services

NNSL (Mar 10/99) - Yellowknife's Friends of Democracy met at the Explorer Hotel on Saturday to savour and analyze their legal victory the day before, announced in a report issued by Supreme Court Justice Mark de Weerdt.

"It is a beautiful decision," said Fraser Weir. "De Weerdt is delivering a historic message to the legislative assembly not to do this ever, ever again."

De Weerdt issued his 19-page ruling more quickly than the parties had anticipated -- just days after the territorial supreme-court hearing Monday and Tuesday.

The Friends' group had launched the challenge late last year in response to the legislature's decision to ignore an electoral boundaries commission recommendation that Yellowknife be granted two additional assembly seats.

After hearing arguments by the Friends' counsel, the GNWT and an Intervenor group comprised of five aboriginal organizations, de Weerdt accepted the Friends' contention that current electoral representation violated the Canadian Charter of Rights and Freedoms and is therefore unconstitutional.

De Weerdt wrote that under-representation, particularly in Yellowknife North, Yellowknife South and Hay River, deviates too much from an acceptable 25 per cent of the average population of the 14 Western Arctic ridings to be acceptable.

In addressing the Intervenors' position, De Weerdt wrote that progress on land-claims and self-government is being made, and shouldn't interfere with citizens' basic right to fair and effective representation.

"It is entirely unacceptable that such a fundamental right of citizenship as that recognized and guaranteed in Section 3 of the Charter...should be held in suspense, and thus be withheld, during government negotiations," he wrote.

De Weerdt gave the legislature until March 31 to rectify the situation, and he hinted a solution should also address the under-representation in Inuvik.

It remains unclear whether the Intervenor has the right to appeal, or if it will. A statement released Friday by the Western NWT Aboriginal Summit, Dene Nation National Chief Bill Erasmus and Metis Nation NWT president Gary Bohnet said they are considering their options.

"The only point to an appeal would be to delay, and I hoped they don't do that," said Friends president Robert Slaven, "The case looks pretty air-tight to me."

Earl Johnson of the Attorney General's office, who represented the GNWT in court, could not be reached for comment. Cabinet press secretary said the Western Caucus will meet Thursday to discuss the ruling.