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Catholic board resists court ruling

Herb Mathisen
Northern News Services
Published Friday, March 6, 2009

SOMBA K'E/YELLOWKNIFE - A motion raised by Amy Hacala to have the Yellowknife Catholic School Board change its policy to reflect recent court decisions was denied on Feb. 24.

The motion called for the board to remove religious requirements from promotional and informational materials in upcoming election nomination packages and to modify board policy to adhere to a recent NWT Court of Appeals decision that found no legal reason to bar non-Catholics from serving on a Catholic board.

Mary Vane, chair of the Catholic board, said last week she would not comment on the motion because the minutes of the meeting were not yet official. She said details would be made official at the April board meeting and she would speak to the matter at that point. Hacala said she was not able to comment on the matter as all board trustees are required to direct media enquiries through the board chair. Vane said this is a longstanding protocol.

"The chair is the spokesperson for the board," she said.

Debbie Gillard, chief returning officer during Hacala's two elections, said school board elections are governed by the Education Act and Local Authorities Election Act.

"The courts have ruled that non-Catholics can run," she said. "So any territorial legislation would supersede their policy."

In her web blog, Hacala addressed the reasons she chose to run for a position in the first place. Hacala attended Catholic schools in Yellowknife and said she experienced first-hand "how a faith-based school system infuses schools with an entirely different character and atmosphere than a public school system." Her children are enrolled in Catholic schools.

"I wanted to have a say in the level, quality, and type of education my children receive," she wrote. "I strongly believe in the public service, that our community can only function and survive through the work of its members.

"My way of contributing to my community is through helping to ensure the children of my community receive an excellent education," she continued. "There are no ulterior motives. No hidden agendas."

Hacala was elected to the board in October 2003 and re-elected in 2006. The Catholic School district lost their court battle to bar non-Catholics from election to the Catholic school board in May 2007, and their appeal in December 2008. The school board is now hoping to appeal the decision before the Supreme Court of Canada.

"It's probably going to be a while before we hear back from the Supreme Court of Canada," Gillard said.