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SOMBA K'E/YELLOWKNIFE
The lawyer for the Union of Northern Workers (UNW) disclosed for the first time last week that his client will be questioning the authority of the rental officer to order temporary access for apartment tenants of the downtown UNW building.

The Union of Northern Workers is pushing ahead with an appeal hearing where it plans to question the rental officer's authority to order the installation of this gate being tested by Kathryn Carriere, which gives tenants with suites in the rear of the building access to their apartments from the street. - NNSL file photo

During an appeal hearing scheduled to be held from Nov. 5 to 7, the UNW plans to take issue with the authority of the rental officer to order an alternative access route from the street to apartments at the rear of the building, said the UNW's lawyer, Austin Marshall. The UNW will also question the rental officer's authority to order access through its business premises, which was one of the options listed in a ruling by the rental officer.

Last Friday in NWT Supreme Court, Marshall requested more time to provide a legal briefing to three of the building's tenants in advance of the appeal hearing, requested by the UNW.

Previously, the court had ruled that the tenants should have at least two weeks to respond to Marshall's briefing, which is supposed to disclose the nature of the appeal hearing. This ruling was made in part to accommodate tenants Michele LeTourneau and Annemieke Mulders, who are representing themselves during the proceedings. A third tenant involved in the case, Kathryn Carriere, has retained a lawyer, thanks in large part to donations the tenants have received to fight their landlord for safe access to the building.

Marshall asked Judge Shannon Smallwood for an extension to file his briefing because both he and his wife, who assists him in his legal practice, plan to travel outside of the territory to attend separate high school reunions prior to the Oct. 15 deadline.

Based on past experience, Mulders said she expects Marshall's brief and supporting documentation will be "voluminous," according to a written statement read out by Carriere's lawyer, who appeared as Mulders' agent for the day on Friday. The statement also expressed concern about the hearing date being postponed.

"This has been a long and painful ordeal for the tenants and I have no desire to prolong the process," Mulders stated.

LeTourneau, who was in court Friday, also expressed concern about having less than two weeks to digest and respond to the Marshall's briefing.

"I absolutely need the time that the court allotted me as I'm unrepresented," she told the court.

LeTourneau said she would consent to postponing the appeal hearing.

Smallwood decided to grant Marshall an extension until Oct. 19, giving the tenants until Nov. 1 to respond while still preserving the hearing date. This judgment was made with the understanding that Marshall will provide the tenants and the tenants' lawyer with a brief summary this week of the UNW's problems with the previous court ruling, which required the union to install gate access to its tenants.

The three tenants also have concerns about the necessity of bringing the issue to an appeal hearing. They offered to sign a document stating that they would not require access through the UNW's office space as long as the gate remained functional, but were told that the UNW felt it needs to follow through with the court process.

Meanwhile, Carriere will have to cover the legal costs for her lawyer to attend the hearing, estimated to cost up to about $7,000 for three days of appearances in court. This, said LeTourneau, is another example of "bullying tactics" from the UNW.

"Early on, it became clear that we were dealing with an intractable force with more resources than we have," she said.

For Mulders, the experience fighting for access to her apartment has left her confused.

"I still don't understand why they wouldn't want us to have access," she said.

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