Friends win court battle
Judge rules changes needed in legislative representation

Daniel MacIsaac
Northern News Services

NNSL (Mar 08/99) - The Friends of Democracy were overjoyed to learn Friday that they had scored a quick victory in their supreme court challenge of the GWNT over legislative electoral boundaries.

The decision was released in a Friday report by Justice Mark de Weerdt, just days after the Yellowknife Friends group, the government and an Intervenor party argued their cases before him last Monday and Tuesday.

Friends had launched its suit Nov. 25, shortly after the legislature had overturned a report by an electoral boundaries committee recommending two additional legislative seats for Yellowknife.

In his report, De Weerdt said the disparity in current NWT ridings does not allow for effective representation for all citizens and consequently contravenes Section 3 of the Canadian Charter of Rights and Freedoms.

De Weerdt also addressed the concerns of the Intervenor group -- representing the Dene Nation, the Lutsel K'e Dene Band, the Metis Nation NWT, the North Slave Metis Alliance and the Sahtu Secretariat -- which argued legislative changes might impede their progress in settling land claims or securing self-government.

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

The Western NWT Aboriginal Summit released a statement Friday saying members would consult their legal counsel and review their options.

Jake Ootes, MLA for Yellowknife Centre, said that de Weerdt's ruling puts a lot of pressure on the legislature, which has until March 31 to carry out his ruling. Ootes said this doesn't simply mean adding two seats to Yellowknife, as the judge also pointed to under-representation in Hay River and Inuvik.

"It's up to the members to say, 'OK, what's the best solution to meet Judge de Weerdt's ruling?'" he said, "and we have to take into consideration the concerns expressed by the aboriginal groups."

Meanwhile, the Friends of Democracy group was enjoying the taste of victory.

"It feels wonderful," said Friends treasurer Bill Enge. "This is a victory for all Yellowknifers in having their democratic rights restored."