Boundary challenge won't affect election
Written ruling on fairness of election map to come later
Shane Magee
Northern News Services
Friday, August 14, 2015
SOMBA K'E/YELLOWKNIFE
The territorial election set for November will proceed as expected despite the city challenging the constitutionality of electoral boundaries approved by MLAs last year.
The city hired Vancouver-lawyer Paul Hildebrand to argue its electoral boundaries case in NWT Supreme Court. - Shane Magee/NNSL photo |
Paul Hildebrand, a Vancouver lawyer hired to argue the boundaries violate residents' charter right to fair representation, told a NWT Supreme Court judge Wednesday the city won't seek to have the boundaries changed before the election if it wins its case. That's because the GNWT provided evidence from elections workers showing it would be impossible to carry out the work needed to change boundaries before the Nov. 23 vote.
"There's just not enough time to make the changes," Hildebrand said.
Should Justice Louise Charbonneau rule in favour of the city, Hildebrand said any order seeking changes should be put on hold for 18 months. That would give the 18th Legislative Assembly time to consider its options.
The judge heard the city and the GNWT's legal arguments on the case Wednesday.
Hildebrand argued the electoral boundaries commission tasked with designing new ridings did not explain why it went with versions that saw the city end up underrepresented.
Electoral districts are supposed to be created so that each one has an equal number of people. But divvying up the territory into 19 districts means some have a greater number of people and others fewer.
The city, when its seven ridings are lumped together, is under-represented by about 23 per cent.
Deviations are allowed in order to create districts that will cover a specific cultural group, land claim, language or community. Previous Canadian cases set 25 per cent as roughly the allowable deviation.
Hildebrand cited previous court rulings in Canada as calling for justification for deviating from voter parity. Because Yellowknife makes up 45 per cent of the territory's population, he said clear justification is required.
Sarah Kay, a lawyer for the GNWT, said the electoral boundary commission's final report in 2013, which the legislature used to adopt the 19-seat model, included sufficient justification.
Referring to previous cases, she said that it is up to the applicant to prove that a charter right has been breached.
In this case, she said the city simply was arguing over numbers and has not proven a breach.
"The applicant hasn't shown that," she said. "It (the city's case) is about the lack of justification and the numbers ... What the government is arguing is that is not enough."
She pointed out that despite having under-representation, residents here have easier access to their representatives than in smaller communities that are part of large ridings.
Several elected officials were in the public gallery listening to the arguments.
Coun. Cory Vanthuyne was the only member of city council there. Weledeh MLA Bob Bromley and Frame Lake MLA Wendy Bisaro were the only MLAs present. Legislative assembly clerk Tim Mercer also sat in the public gallery.
The two MLAs, whose speeches in the assembly on the merits of the riding map were read at several points during the hearing, declined to comment on the case outside the courtroom.
Charbonneau reserved her ruling and said a written decision will be issued. It's not clear when that will happen.
The issue of costs will be discussed after the ruling is issued.
Yellowknifer attempted to find out how much the city has spent on the case so far, but the city could not provide the information by press time.
