Cindy MacDougall
Northern News Services

Yellowknife (Jan 12/00) - Yellowknife Metis leader Bill Enge can represent other expelled members of the North Slave Metis Alliance in a class action lawsuit, but only if he can name them.

NWT Supreme Court Justice John Z. Vertes ruled late last month that Enge has the right to represent others in his lawsuit against the alliance, if the persons represented have the same complaint as Enge, and will come forward.

"The principal issues of fact and law are the same: Were the claimants members? Were they wrongfully expelled from membership?" Vertes wrote. "It seems undoubtable that if one (such as Enge) succeeds in the claim then all others will succeed."

Enge, president of Yellowknife Metis Local 66 and former alliance vice-president Robert Sholto Douglas claim they were unfairly expelled from the organization's membership.

Enge has claimed to represent unnamed others who were also expelled from membership in September 1998.

The alliance asked the court to strike Enge's claim to represent others, because they were unknown.

Vertes turned down the alliance's application. However, he decided although Enge has a right to represent others in a class action suit, those others must come forward so the defence can have a chance to interview them as part of the court process.

"I direct that the plaintiff give notice of these proceedings ... inviting anyone who may allegedly be part of the class represented to identify themselves to counsel for the plaintiffs," Vertes wrote.

Enge's lawyer must publish two notices in local newspapers, according to Vertes' decision.

People who want to join the lawsuit will have 60 days after the last notice is published to add their names to the complaint.

Clem Paul, president of the alliance, said he was not disappointed the application was dismissed because the justice's ruling clarified the case.

"We wanted to know, does he have the right to represent these people, and if so, who are these people?" said Paul.

"Now, he has to get members who were expelled to come forward.

"No member was ever expelled," Paul said. "There were people who were never members. And we fired Robert Douglas as vice-president, but he's still a member."

Sarah Kay, who represents Enge, said her client was pleased with the decision as well.

"We're now moving on to the next step, which is posting the notices," she said.

She declined to comment on what might happen if no one responds to the notices.