Erika Sherk
Northern News Services
Wednesday, February 7, 2007
YELLOWKNIFE - Yellowknife Catholic Schools is back in court today in an attempt to have the decision to allow non-Catholics to run for the board of trustees overturned.
Kevin Feehan, lawyer for YCS, told the court Tuesday that the basis of YCS's argument is a section of the Local Authorities Elections Act which states that only a resident of the Catholic school district may be nominated to run for the school board.
The issue, said Feehan, is what "resident" means.
In this case, he said it means someone who is a resident in the sense that they live within the geographical district of Yellowknife, but also that they are Catholic.
Beyond that point, "the rest of the argument is merely underscore," he said.
Feehan read from several documents outlining the Catholic board's mandate and vision as well as documents from the Vatican, describing the role of Catholic schools.
Trustees are required to provide education that reflects Catholic values, he said, as well as be involved in the greater Catholic community in Yellowknife.
Several YCS trustees were in court Tuesday, including Amy Hacala, the lone non-Catholic trustee elected last October.
The hearing is expected to continue all day today before Chief Justice Ted Richard.
The defendant in the action is returning officer Debbie Euchner, who's being represented by a lawyer from the territorial justice department.
The hearing was postponed from Dec. 11, to allow the justice department to review the case.