Iqaluit (June 23/03) - James Arvaluk, Nanulik MLA and former education minister, resigned his seat in the legislature Friday, four days after being convicted of assault causing bodily harm.

James Arvaluk, Nanulik MLA, found guilty of assault causing bodily harm June 16. He resigned as MLA Friday. - Christine Kay/NNSL photo

The resignation means a by-election, with an average cost of about $100,000, will be called to replace Arvaluk.

John Quirke, Clerk of the Legislative Assembly of Nunavut, said no date has been set as of yet.

"It would be in everyone's best interest to have a new member for Nanulik before the next sitting," he said.

The assembly is scheduled to reconvene on Oct. 21.

"After consultation with family, constituents, and colleagues, I have determined that the needs of the communities that I represent, Chesterfield Inlet and Coral Harbour, would be best served by affording residents the opportunity to elect a new member to serve them in the Legislative Assembly," said Arvaluk in his letter of resignation.

The assault which led Arvaluk to resign occurred in August 2000 in Coral Harbour.

After a night of drinking and playing cards, Arvaluk repeatedly punched his girlfriend in the head. The woman was left with no feeling in her lower lip and 14 stitches.

Nunavut Court of Justice Judge Earl Johnson questioned Arvaluk's account of the night in question.

"He appears to be manipulating the evidence in order to put himself in the best light," said Johnson as he delivered his verdict.

Of the many problems with Arvaluk's account were significant differences between what he told police on Aug. 26, 2000, following the assault, and his testimony in court.

Arvaluk told police he punched the woman as a scare tactic. Later, he told the court he punched the woman in self-defence to make her stop biting his leg.

Johnson said Arvaluk never mentioned the bite in his account to police and never showed them any marks on his leg. Arvaluk said he didn't want to tell anyone he was hurt.

This is the second time Arvaluk has been tried for the assault.

He was acquitted of the charges in June 2001 after a Nunavut judge found there was reasonable doubt that it was in fact a case of domestic violence, but instead maybe a consensual brawl between two parties.

In March 2002, the Nunavut Court of Appeal ordered a new trial on the grounds there was no evidence presented at the original trial that the assault was consensual.

A date for Arvaluk's sentencing will be set on July 14. He faces up to 18 months in jail.