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Catholic school board loses appeal

By Cara Loverock
Northern News Services
Published Saturday, December 20, 2008

The Yellowknife Catholic Schools (YCS) have lost its appeal of an earlier ruling to allow non-Catholic school trustee candidates to run in Catholic school board elections in the territory.

NNSL Photo/Graphic

Amy Hacala, a non-Catholic, was first elected to the Yellowknife Catholic School Board in October 2003 and re-elected in 2006. "It's really just reaffirming what I've been saying all along," she said of the latest court decision. - NNSL file photo

The decision was handed down on Thursday by three justices of the Supreme Court of the NWT: Chief Justice Catherine Fraser, Justice Carole Conrad and Justice Clifton O'Brien.

The judgement states, "We have concluded that it is not incompatible with the nature and character of public denominational schools in the NWT that a trustee of a different faith, or no faith, serve as a trustee of a public denominational school board, provided that such trustee supports the public denominational education district in question in accordance with the legislation and is elected by other supporters of that district."

In September 2006 the Catholic school board put out pamphlets advising that school board trustee candidates must be Catholic. Amy Hacala, a non-Catholic, was first elected to the board in October 2003 and re-elected in 2006. YCS lost its first court battle to bar non-Catholics from election to the school board in May 2007.

"It's really just reaffirming what I've been saying all along," said Amy Hacala of the latest court decision. "If my kids can go to your school and you can collect my taxes then I can sit on your board, which is what the decision said."

Hacala attended St. Patrick high school and has two kids attending St. Joseph school. She said she loves being a trustee and will continue to sit on the board.

"Our term is up next fall so, we'll see if I decide to run again," said Hacala. YCS did not return calls for comment but issued a statement in reaction to the dismissal of its appeal.

"We will ensure that Yellowknife Catholic Schools is preserved and that the Catholic community maintains exclusive management and control of our distinctive service in K-12 education in Yellowknife," the release stated. "We will review this judgement with our lawyers and consider our options in the new year."