Daniel MacIsaac
Northern News Services

NNSL (Mar 12/99) - Western Arctic MLAs face a daunting task this week - what to do about Justice Mark de Weerdt's ruling in the Friends of Democracy law suit.

At a meeting of the Western caucus Thursday, the 14 Western MLAs reviewed the judgement, debated positions and listened to the concerns of the Aboriginal Summit based on the report de Weerdt issued last Friday, which ruled the NWT's current system of electoral representation to be unconstitutional.

Caucus chairman Michael Miltenberger said at the conclusion of Thursday's session that the day was entirely devoted to data and debate. He said the caucus was scheduled to resume this morning, planning to decide whether to appeal or not. He said that if an appeal is necessary, the government must also request to stay proceedings so that the judge's ruling is suspended.

"There was a diversity of opinion, and it's going to be a lot like the debate over the electoral boundaries commission last fall," Miltenberger said, "But now we've got a chance to sleep on it and see what develops tomorrow."

Speaking on Tuesday, Miltenberger had said de Weerdt's ruling provides flexibility in rectifying the situation -- not simply giving Yellowknife two additional seats, as an electoral boundaries commission recommended last year. And Miltenberger said he stands by his position that no new seats have to be added.

"I'm not a totally unreasonably guy," he said, "but I'm not prepared to layer on MLAs with wild abandon ... based on the opinion of one judge."

Miltenberger said he wanted to hear from the Intervenor, five aboriginal organizations represented by the Aboriginal Summit. He said a no new MLA solution might involve realigning boundaries and changing legislature voting rules so that a result doesn't require a simple majority or perhaps changing the definition of what constitutes a quorum.

Miltenberger said Premier Jim Antoine has been right to keep silent on the ruling, saying because it affects the whole legislature it's for the caucus to discuss.

Hay River Mayor Jack Rowe said he is pleased de Weerdt left room to manoeuvre in his judgement, but said he still feels no more MLAs are required. He also questioned whether Yellowknife is truly under-represented.

"If an individual in Trout Lake doesn't have access to his MLA on a daily basis and has to jump on a plane to make a presentation at the legislature, and only recently got phone service, is he as well represented as someone in Yellowknife?" Rowe asked.

Hay River MLA Jane Groenewegen said she wanted to go to Thursday's caucus meeting with an open mind, but added she agrees in principle that riding representation not exceed or fall below a 25 per cent average.

"I want the representation issue to be fair, including being fair to Yellowknife, and I think what the judge said was, 'Fix the numbers,'" she said, "and there are a number of different ways of fixing them...and there's nothing sacred about the present electoral boundaries."

On the subjects of land-claims, self-government and division, Groenewegen said being open-minded about a solution extends not just to the number of MLAs but to ridings and representation in general.

"There are many things in the Western Arctic that are up in the air right now, and we don't have to see the remedy as having to be long term," she said Wednesday.

Miltenberger appeared to agree, saying if the caucus decides not to appeal, members, "must put their heads together and come up with a number people can agree on and meet the (March 31) deadline."

Miltenberger said Thursday the caucus also learned the Intervenor party can request leave to appeal the judgement but members are checking with their counsel and reviewing implications.

"So they're trying to do a lot of work in a short period of time, as are we," he said.

But as MLA Centre Jake Ootes said Thursday, "tomorrow is decision day."