Date set for city versus territory in court
Electoral boundaries case to be heard Aug. 12
Shane Magee
Northern News Services
Wednesday, July 15, 2015
SOMBA K'E/YELLOWKNIFE
The city's electoral boundaries court challenge will be heard in NWT Supreme Court Aug. 12.
Lawyers for both the GNWT and the city were in court Friday to set dates and work out logistical details of the city's case.
The city is set to argue the map of territorial electoral boundaries to be used for the Nov. 23 election is unfair and violates the Charter of Rights and Freedoms.
Lawyers representing both the GNWT and city hall told a NWT Supreme Court judge Friday they are working as fast as possible to be ready for a one-day hearing.
"We're as certain as humanly possible," Sarah Kay, representing the GNWT, said when Justice Louise Charbonneau asked whether the two sides can be ready.
Kerry Penney was representing the city for the hearing in place of Vancouver-based lawyer Paul Hildebrand.
The judge made it clear the way the lawyers were seeking to set dates was unusual, but given the circumstances she said it was understandable.
"I understand there are some time concerns," Charbonneau said, referring to the election.
There were several factors considered in choosing the timeline.
The actual court hearing is expected to only take a day. However, the judge must have time to consider arguments and issue a ruling.
If the city is successful in its case, the assembly would likely have to reconvene to consider options and the NWT chief electoral officer would have to make any changes necessary to meet the court order.
Under the Polling Day Act, the legislative assembly has to dissolve by Oct. 26 to meet the pre-scheduled election day of Nov. 23.
"There will be significant efforts that will have to be made by the legislative assembly and chief electoral officer," said Kay.
The hearing also touched on logistical issues such as setting a time for the August hearing to start - 9 a.m. - and whether to try and get a large courtroom.
Pointing out that the Friday hearing nearly filed the public seating of the courtroom, Charbonneau said if a larger courtroom is available, that's what would be used.
