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City suit against GNWT coming soon
Mayor says city demands better representation in legislative assembly

Shane Magee
Northern News Services
Thursday, April 23, 2015

SOMBA K'E/YELLOWKNIFE
The city plans to file its lawsuit against the GNWT in the coming weeks, claiming it is under-represented in the legislative assembly.

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Mayor Mark Heyck listens during a committee meeting Monday afternoon. - Shane Magee/NNSL photo

Nothing is expected to be filed this week, but Mayor Mark Heyck told Yellowknifer Tuesday that the paperwork will be filed "in the near future."

The city will claim that under-representation in the 19-member assembly has meant decisions are made without city perspectives being considered.

Asked for a specific recent example of how that's hurt the city, he pointed to the community funding shortfall that sees the city, with almost half the territory's population, receiving only about 13 per cent of the GNWT infrastructure money.

"I think we have a reasonable case, certainly," Heyck said. "We have seen the systemic and chronic under-representation of this community in the legislative assembly, so in our view and in the view of city council, this was an action we needed to take."

The electoral boundaries commission recommended the assembly adopt a new map in 2013 that Heyck said failed to properly represent the city. Despite having almost half the territory's population, the map dictated that the city has only 37 per cent of the assembly's seats.

The city objected at the time but the map was approved.

Council then passed a motion asking the Minister of Justice to refer several questions about the boundaries to the NWT Supreme Court - a request that was rejected.

Tim Mercer, clerk of the legislative assembly, said since the matter is heading to court he could not comment.

City council approved the court action in a vote last fall.

The city retained Vancouver law firm Lidstone & Company, which specializes in municipal government law, for the case.

"They had approached us with some information when we first started contemplating this and were familiar with their work in the municipal sector," Heyck said about why the firm was hired.

So far, the city has spent a few thousand dollars on the case, though he wouldn't provide an exact amount.

Given council's approval of the court action, "we're willing to see the case through," Heyck said when asked how much the city is willing to spend.

He said there have been some city residents who have previously said they will donate money for the case once the paperwork is filed.

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