SOMBA K'E/YELLOWKNIFE - If William Turner has his way, the territorial government's affirmative action policy will eventually be struck down as unconstitutional.

William Turner says the GNWT's affirmative action hiring policy violates the Charter of Rights and Freedoms. - Terrence McEachern/NNSL photo

He's taking the territorial government to court in hopes the way the GNWT hires and promotes "non-resident" job seekers in the territory will be changed.

"This policy is not a true affirmative action or employment equity policy. The true purpose is to give preference to locals," said Turner, who filed his lawsuit in the Supreme Court of the NWT on May 24. "It flies in the face of the Constitution."

Priority hiring status for mangement positions or jobs typically dominated by men is given first to indigenous aboriginal females then indigenous aboriginal males, followed by resident women and indigenous non-aboriginal persons or resident disabled persons, according to the GNWT's Human Resources Manual.

For all other occupations, the priority list begins with indigenous aboriginal persons and indigenous non-aboriginal persons or resident disabled persons.

Turner, 28, moved to Yellowknife in May 2010. Originally from Ottawa, he has a law degree from the University of Ottawa and is a member of the Temegami First Nation, based in Bear Island, Ont.

He insists he's pursuing this legal action as a private citizen distinct from his employment as a policy, planning and legislation adviser with the GNWT's Business Development and Investment Corporation and separate from his membership with the NWT Human Rights Commission.

The part Turner is objecting to is the provision that grants priority status to indigenous, or resident, non-aboriginal persons over non-residents, including non-resident aboriginals. He's challenging this under Section 6, mobility rights, of the Charter of Rights and Freedoms, that allows citizens and permanent residents the right to live in any province and "pursue the gaining of a livelihood." The section allows for affirmative action policies so long as they improve the conditions of socially or economically disadvantaged groups and if the rate of employment in the territory is below the rate of employment in Canada.

Turner is arguing neither applies in the NWT - that resident non-aboriginals are not a socially or economically disadvantaged group and the employment rate in the NWT is about 71 per cent, 10 per cent higher than the rate in Canada.

For Turner, two classes of job seekers are affected by the policy. The first are job applicants from outside the NWT who are not in a realistic position to fly to Yellowknife, hire a lawyer and challenge the policy. The other class involves individuals already employed with the GNWT seeking a promotion.

"Somebody who's seeking a promotion at the GNWT, and who's serious about getting into senior management, probably doesn't want to subpoena the deputy minister of human resources as a witness in court," said Turner.

"It's not a way to succeed in your career in the public service."

Although Turner said he's pursuing this legal action separate from his employment as a GNWT employee, in one of two affidavits filed on May 24, 2011, Turner argues that "except for the priority afforded to resident disabled persons, I am directly and adversely affected by the AA Policy. I have applied on numerous jobs within the GNWT. I was informed that the AA Policy would be applied in each application." As noted above, Turner's classification - resident disabled person - is listed last on the priority standing for positions.

However, in a June 3, 2011 press release Turner provided News/North, he states the opposite.

"I am not adversely affected by (the AA Policy) since I have a good job and I have plenty of opportunity. I am challenging it on behalf of the many folks trying to get entry positions who are not in a position to access the courts."

Turner explained this discrepancy on the grounds that in order to put forward a motion in Supreme Court, he is required to show he has a personal stake in the case. So, he's pursuing the action on both a private interest standing and on a public interest standing.

The remedy he's seeking is a new policy that omits the indigenous and resident requirement and the priority requirement for women replaced with "underrepresented gender" to allow both genders the opportunity to work in non-traditional occupations, such as male secretaries. On a larger scale, he said he wants to see the priority hierarchy replaced with a form of employment equity that reflects the needs of each work group. In terms of compensation, he's seeking reimbursement for the costs he's incurring from the legal action, although he admits costs should be relatively low since he's representing himself in court. Turner's case will be back in Supreme Court on July 8.

News/North requested a comment from Bob McLeod, minister of human resources for the GNWT. However, a communications person in the press secretary's office said last week the request was denied because it is inappropriate for the minister to comment on the matter at this time.

Karen Lajoie, the GNWT's lawyer, also declined to comment on the case since it is before the courts.

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