Yellowknife (Sep 27/06) - The chair of the Catholic school board stands by a legal effort to block non-Catholics from running for trustee.

Shannon Gullberg said the board's bid to have incumbent Amy Hacala and candidate Debora Simpson declared ineligible to run for the board is not a personal attack but an effort to establish the board's constitutional rights.

"This issue is far bigger than individuals. The issue deals with the constitutional right to hold and have overseeing authority over Catholic schools," said Gullberg, who believes the territorial government refuses to acknowledge the board's constitutional status. "If this right is not exercised, we will lose Catholic education in the NWT."

Gullberg also responded to accusations made by Hacala that she was "bullied" by the board, and filed a human rights complaint because of it.

"Ms. Hacala has been treated with nothing but respect from this board. She has not been excluded from anything, has always been included in every function and been encouraged to participate," said Gullberg. "And I find it sad that she feels she's been bullied."

Gullberg said she does not know how much the legal challenge will cost but Yellowknife Catholic Schools has a legal fund.

She also acknowledged that the board "gave very express instructions the matter was to be challenged" to Superintendent Kern Von Hagen. The issue came to a head last week when Von Hagen challenged nominations for Hacala and Simpson, neither of whom are Catholic.

That challenge was rejected by returning officer Debbie Euchner, who said the Local Authorities Election Act doesn't specify religion as a criteria for candidacy.

The next morning, the YCS board filed a court application challenging Euchner's ruling.

That application will be heard Friday morning in NWT Supreme Court, although the issue is not expected to be resolved in that hearing.

Gullberg believes the right to restrict board members of non-Catholic faith is entrenched in the constitution.

It sought a legal opinion last summer on the issue and used that opinion to prepare election documents for the Oct. 16 vote. Nominations were extended by a week when the government said the materials were incorrect in saying only Catholics could run and that may have confused potential candidates.

"It doesn't expressly say it in the (Local Authorities Election) Act so in this instance what we're saying is ... you look at the constitution and the case laws that derive from that," she said.

When asked if Bishop Denis Croteau of the Diocese of Mackenzie had any involvement in the case, Gullberg said Croteau is being kept informed.

"I can tell you that I will be briefing the bishop on this matter (Wednesday) and we've discussed issues with him in the past," Gullberg said. "We've dealt with him in the past he knows more generally of the issue as the head of this institution."

As well, Gullberg said Hacala knew about the legal opinion in the trustees' possession regarding board membership and added that legal actions taken by the board do not require a public vote.

"I think it's important to know Ms. Hacala had that opinion at the same time as every other board member. She also knew about the brochure that accompanied the packages at City Hall that indicated that one of the requirements to sit as a trustee you needed to be Catholic," said Gullberg.

When contacted Tuesday, Hacala declined to speak in detail about the case.

Hacala also had filed a human rights complaint against the board but refused to elaborate.

"One (the human rights complaint) does have to do with the other but for the purpose of the elections, let people make up their minds as to who would be best for the jobs," said Hacala. "It's complicated enough as it is."