Hay River (Sep 22/03) - A man barred from entering Hay River town hall is running for council in next month's municipal election.

Harvey Werner was deemed eligible to run for a seat on town council, following a week of uncertainty.

"As far as the returning officer and the election act is concerned, he is a candidate," said returning officer Selena Pukanich on Saturday evening.

Werner - a long-time vocal opponent of council and town administration - sounded exacerbated Saturday by the sometimes confusing process which had his candidacy in doubt since nomination day, Sept. 15.

"I'm not running for prime minister of Canada," he quipped.

Without Werner, the eight other candidates for the eight council seats would have been acclaimed.

Mayor Duncan McNeill says the town objected to Werner's candidacy, claiming he has unpaid bills and tax arrears with the town.

Under the Local Authorities Elections Act, a person can be declared ineligible for not paying all municipal taxes before Dec. 31 of the year the taxes were levied or for being indebted to the town for a sum over $500 for more than 90 days.

"When there's an election, one of the things the town is charged with doing is checking eligibility of nominees," McNeill explained, noting all nominees were checked.

After his eligibility had been questioned, Werner signed a required declaration stating his belief that he is eligible to run.

There was some confusion Saturday about a request for a second declaration, with Werner and Pukanich understanding it came from the town.

McNeill said the second objection came from an individual voter. "The town is not involved in that at all."

The mayor noted some voters are concerned about the expense of holding an election for councillors because of an ineligible candidate. "They also feel that individual is making a mockery of the process."

Pukanich said the first declaration makes Werner eligible to run, and she is not involved with the request for a second declaration.

Werner had no intention of signing another declaration, saying, "They'd have to find someone a lot stupider than I am."

McNeill said the town can apply to the Supreme Court of the NWT to review the matter if Werner is elected.

Werner disputes any suggestion he owes property tax to the town or has unpaid bills. However, his name was on a list of 2002 property tax arrears published by the town in July. According to the town, he owes $1,668.50.

Werner said the taxes are on a trailer that was owned by his sister - and only briefly by him - and the taxes were assessed to her. "Go after her. Leave me alone," he said. "Let me run for council."

McNeill said town lawyers believe Werner is responsible for the tax arrears. "When you purchase a property, you purchase whatever debts come with it."

Werner claims there is a Town Hall conspiracy to keep him from running. "I'm a candidate. Whatever they're doing to try to stop me from being a candidate is not going to work."

Werner is also in the unusual situation of having a probation order preventing him from entering Town Hall for 18 months. That order was issued Sept. 3 as a result of a mischief conviction for a May 27 incident at Town Hall.

Werner is not sure what the probation order would mean if he is elected. Right now, he has to deal with Town Hall through a third party.

McNeill is also unsure what happens if Werner is elected, suggesting he might have to make application to the courts to amend the terms of his probation.

Werner ran in the last municipal election, and garnered over 200 votes, finishing last.