Woodley's case struck down by Court of Appeal
Maria Canton
Northern News Services
Yellowknife (Jan 26/01) - It took a panel of three justices less than 10 minutes Tuesday to throw out Dr. Kenneth Woodley's appeal over his dismissal from the Yellowknife District 1 School Board.
The former superintendent for the board had gone to the Court of Appeal in hopes they would find the procedures governing his Oct. 1999 dismissal unfair.
"Being mindful of our role, we are of one view -- that the appeal must be dismissed," said Justice Peter Costigan, speaking on behalf of the panel.
"The findings of fact by the judge are ample and of no error."
The original ruling by Supreme Court Justice Virginia Schuler found the board could dismiss (Woodley) either with or without cause and concluded that "the procedure followed, while perhaps not perfect, was fair."
Woodley's lawyer, Austin Marshall, argued that the October 1999 dismissal was riddled with bias, and therefore did not follow proper procedures.
"Bias in one (school board) member affects all members," Austin said.
"The fact that the chairperson (Dan Scofield) wrote (Woodley's) dismissal letter and the press releases before the hearing even took place may have affected the decision of the board."
Marshall also argued that the allegations against Woodley were serious enough to warrant an oral hearing before the school board, rather than the written process that was followed.
In a letter dated Oct. 19, 1999, the board said the reasons for Woodley's dismissal included an alleged breach of the child-abuse protocol and the Child Welfare Act.
The letter said Woodley had a district employee consult management before reporting an allegation of child abuse to Health and Social Services.
The district also cited insubordination as grounds for Woodley's dismissal.
After the ruling, Marshall said he and his client felt they had good legal arguments for why the process was unfair, but the Court of Appeal decided otherwise.
Woodley has another lawsuit before the Supreme Court in which he is seeking punitive damages ($1 million), damage for loss of income ($650,000), aggravated damages ($325,000) and other special damages to be particularized at trial, interest, legal fees and other relief the court sees just.
Defendants named in the suit, initiated May 24, include the Yellowknife Education District No. 1, the former minister of Education, Culture and Employment Michael Miltenberger, the commissioner of the Northwest Territories, lawyer Shannon Gullberg and two unnamed defendants.
Marshall says the case is proceeding on course.
