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SOMBA K'E/YELLOWKNIFE
A high-profile constitutional challenge against the GNWT's affirmative action hiring policy has been dropped.

Wiliam Turner, policy adviser for the Business Development and Investment Corporation, has dropped a high-profile constitutional challenge, which he launched last year, against the GNWT's affirmative action policy. - Galit Rodan/NNSL photo

Bill Turner launched the court proceedings in May 2011, alleging the government's preferential hiring policy toward aboriginal and non-aboriginal residents born in the NWT was unconstitutional.

Turner, 29, a member of the Temagami First Nation of Ontario, argued the policy discriminated against aboriginal job applicants from outside the territory.

However, after a tumultuous year in which Turner was placed on stress leave from his job with the NWT Business Development and Investment Corporation and was removed from his position as a Human Rights commissioner, Turner said he had dropped the case "for health reasons" as well in hopes he could regain employment with the BDIC.

Turner worked as a policy adviser with the BDIC, an arms-length government corporation. He has been on stress leave since October.

"I'm willing to meet my employer halfway," said Turner.

"I'll stop fighting with them and maybe they'll take me back. Who knows?"

Turner filed a notice of discontinuance of action April 5. The document states that Turner "wholly discontinues the within action against the respondent, without liability for costs."

Karen Lajoie, the government's lawyer, consented to and signed the notice April 23.

Turner said he has had no communication with his employer since dropping his case against the government.

Despite his actions, Turner said he still believes in his cause.

"I think it's a very important issue but, you know, my livelihood is more important at this point than making a political point," he said.

Turner challenged the GNWT's affirmative action hiring policy under Section 6 of the Charter of Rights and Freedoms, which enshrines for citizens and permanent residents the right to live in any province and "pursue the gaining of a livelihood". Affirmative action policies are considered constitutional 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 argued neither applies in the NWT - that resident non-aboriginals are not a socially or economically disadvantaged group and the employment rate in the NWT was higher than the national rate. Turner had the support of the Dene Nation, which was granted intervenor status.

"This is an old policy," said Dene Nation National Chief Bill Erasmus in August.

"The idea was to help develop the North by giving all Northerners an advantage - but our aboriginal people have not been getting the higher-end jobs with the territorial government."

Turner said he hoped someone would take up the cause in his stead. Turner, who has legal training, represented himself throughout the proceedings. He said the case hadn't been financially costly "but it cost me a lot politically."

Bill Erasmus did not return phone calls for comment.

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