Yellowknife (Sep 08/06) - Yellowknife Catholic Schools trustee Amy Hacala is seeking a second term, defying a board campaign that only Catholics should be able to run for election.

Catholics only? The board of Yellowknife Catholic Schools has adopted a policy that because it is a faith-based school system, only Catholics should be allowed to run for trustee. Yellowknifer wants to know what you think. Should non- Catholics be allowed to run for the board of Yellowknife Catholic Schools? To register your vote and leave a comment on Yellowknifer's 24-hour automated voice-mail poll, call 920-4298 before 10 a.m. Sept. 14. Results of the poll and your comments will be printed in Yellowknifer on Sept. 15. In the running Here's a list of candidates who have filed nomination papers for Oct. 16 civic elections as of 3 p.m. Thursday: City Council Mayor: Gordon Van Tighem Councillor (eight positions): Bob Brooks Paul Falvo Mark Heyck Kevin Kennedy Blake Lyons Shelagh Montgomery Yellowknife Education District No. 1 (seven positions): Terry Brookes Mary Lou Cherwaty Yellowknife Catholic Schools (seven positions): Amy Hacala Jane Haley Nominations close: Sept. 11, 3 p.m. Last day to withdraw: Sept. 13, 3 p.m.

Hacala, a non-Catholic, was elected to the seven-person board in 2003, narrowly edging out incumbent Raymond St. Armand.

The religion issue has come to a head after trustees, over Hacala's objections, informally decided this year that non-Catholics should not be allowed to run for election to the board.

"My daughter is in French immersion (within the district)," said Hacala, whose own mother - also a non-Catholic, served eight years as a YCS trustee.

"I'm also a graduate of St. Patrick high school, so I went through the system. I think it's just really unfortunate that it has to go down this road.

"Until the school district puts forward some sort of (law)suit they have no way of preventing me from running," said Hacala.

When nominations for the board opened Aug. 28, Yellowknife Catholic Schools (YCS) inserted a pamphlet into the City Hall-issued nomination kit, informing potential candidates that they must be Catholic to serve - a requirement that didn't exist before.

After Hacala learned of the pamphlet, she said she spoke to Education Minister Charles Dent, who told her there was no legal requirement to only nominate Catholics for the YCS board. Dent could not be reached for comment.

Hacala said she then called City Hall officials and told them they were distributing "incorrect information." The pamphlets were pulled last week and replaced by a notice, stating, "It is not a requirement to be Catholic in order to be eligible to run as a candidate for trustee."

Returning officer Debbie Euchner said the pamphlet was pulled after consulting with the territorial chief electorial officer, who advised that nothing contained in the NWT Local Authorities Elections Act could prevent a non-Catholic from standing for election. That didn't stop the school board, however, from distributing the pamphlets during mass at St. Patrick's Parish last weekend.

Hacala, who claims she was "forbidden to speak" about the matter, said faith wasn't an issue during her first two years on the board but that all changed about a year ago.

"I didn't hear a peep," said Hacala. "Nobody said anything to me, nothing. Then over the last year it sort of reared its ugly head."

Hacala filed a complaint with the NWT Human Rights Commission against the school board last January, although she insists it's a separate matter from the board's Catholics-only policy.

Board chair Shannon Gullberg said the board received a legal opinion last year which concluded that the board had a constitutional right to insist trustees be Catholic in order to serve.

She said laws guaranteeing separate, Catholic-run schools date back to the formation of the country, and are protected under the Canadian Constitution.

Gullberg said no formal vote among trustees was held to adopt the Catholic-only policy.

"There wasn't a vote because it was a legal opinion that the board acted on," said Gullberg.

"It wasn't something the board left open for discussion. It was, ‘okay, we had these debates, but here's the legal opinion, let's put our materials together based on that.'"

Although YCS welcomes non-Catholic students, Gullberg said trustees felt - because it's a faith-based organization - they must lead by example.

Gullberg wouldn't say whether the board would take legal action if the city continues to refuse to accept the Catholics-only requirement.

"That will be up to the board."

When asked whether she ordered Hacala to remain silent, Gullberg said: "It's been the practise and the policy of this board that the chair speaks on behalf of the board."

Debbie DeLancey, deputy minister of Municipal and Community Affairs, whose department administers the Local Authorities Elections Act, said while the issue of elections to the Catholic school board only came up last week, her department is willing to take a look at it.

"We have made a commitment to the NWT Association of Communities to undertake a review of the Local Authorities Elections Act over the next year," said Delancey.

"I expect this issue will come up during that review."

The election of trustees is scheduled for Oct. 16.