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IQALUIT - Beneficiaries should be allowed to vote in Nunavut's public government regardless of whether they are a resident of the territory, a court in Iqaluit heard last week.

A lawyer for former MP Jack Anawak argued his client is being denied his constitutional rights as a Canadian citizen, as well as his rights as a Nunavut land claims beneficiary, by the 12-month residency requirements in the Nunavut Elections Act.

Earlier this month the court had upheld a decision by Elections Nunavut which found Anawak ineligible to run or vote in the riding of Akulliq.

Anawak had not been a resident of Nunavut for a year preceding the Oct. 27 election, as stipulated by the Nunavut Elections Act.

Justice Earl Johnson heard his latest challenge in Iqaluit on Oct. 14.

As an Inuk, Anawak "is entitled to rights that maybe are different from the rights of a non-beneficiary," said his lawyer Steven Cooper via teleconference call.

Cooper argued that as a beneficiary of the Nunavut Land Claims Agreement (NLCA), Anawak should be entitled to participate "in anything that involves his or his children's land."

He called the regulations of the Elections Act "impossible and irrational," and questioned whether enough debate had taken place before it was passed by the legislative assembly.

The act was passed in 2002 when Anawak himself was an MLA, Elections Nunavut lawyer Patrick Orr pointed out.

Anawak appeared to have believed at the time that the rules were "rational, proportional and fulfilled the objectives of the act," he said.

Orr and Government of Nunavut lawyer Lorraine Land both argued that the territorial government is a public one, as opposed to Nunavut Tunngavik Inc., which oversees the NLCA.

"I would find it hard to justify ... saying the right to vote was based on race," Orr said.

Both lawyers cited numerous cases where a breach of Section 3 of the Canadian Charter - which protects Canadian citizens' right to vote - has been accepted for legitimate reasons.

Land emphasized the importance of residency restrictions in a territory with so many transient workers, and where a small population base means the outcome of elections can be affected by even a small number of voters.

The residency requirement also prevents candidates from being "parachuted in," Orr said.

He pointed to the ease with which residents can vote, such as by radio phone, or with very little identification.

"The idea is that once you're a resident of Nunavut, and have been a resident for 12 months, there's almost no barrier," he said.

Meanwhile, the election in the riding of Akulliq is on hold until the matter is resolved.

Justice Johnson said he would make the decision as quickly as possible, but could not say when it would be done.

This means the representative of the riding may not be present during the leadership forum and selection of cabinet.

Once the new members meet for the first time after the election, they will likely make a decision on how to proceed, according to Sue Cooper, who appeared on behalf of the Speaker of the legislative assembly.