Anawak's rights weren't violated by disqualification, judge rules

Voters in Akulliq now know when they'll go to the polls: Dec. 15.

Elections Nunavut announced the by-election Nov. 7 after Justice Earl Johnson ruled Jack Anawak's constitutional rights weren't violated when he was found ineligible to run in last month's territorial election.

Anawak took his case to the Nunavut Court of Justice after Sandy Kusugak, the chief electoral officer, ruled Anawak hadn't lived in Nunavut for the one year required before the vote.

In court, Anawak's lawyer Steven Cooper argued the one-year residency requirement was an unreasonable violation of the Charter of Rights and Freedoms, and that Anawak, as an Inuk, never gave up residence in Nunavut even when he left the territory.

But Johnson ruled that the residency requirement was a reasonable breach of the charter, siding with the Government of Nunavut and Elections Nunavut's argument that such a restriction is necessary in a territory with so many transient residents.

And the judge wrote that Anawak's status as a beneficiary doesn't entitle him to voting rights in Nunavut that are different from anyone else's.

"The legislation does not discriminate against the appellant because he cannot vote in the election for public government. Simply being an Inuk domiciled in Nunavut does not give him the right to vote in a public government election regardless of the rules," Johnson wrote in a 33-page decision.

Anawak also argued the decision violated Section 35 of the Constitution Act, which enshrines aboriginal rights.

But Johnson wrote that section would protect Anawak's rights under the Nunavut land claim agreement but that protection wouldn't extend to a public government.

"There is no evidence before me that voting in a public government is an Inuit right that has existed over time and is of integral significance to Inuit society," Johnson wrote.

The decision paves the way for the Akulliq by-election. The deadline for declarations of candidacy was today, Nov. 14, so a final list of candidates wasn't available as of Nunatsiaq News press-time this week.

Marius Tungilik, former Northwest Territories MLA John Ningark, and Steve Mapsalak, who won the seat in the 2004 election, all said they'd run in the Dec. 15 by-election. All three men were candidates in the general election before the Akulliq race was cancelled.

Ningark said he respected Anawak's right to challenge Nunavut's election law in court under the Charter of Rights, but said: "No one is above the law."

Tungilik said he thought the court's ruling was fair and noted there has been "some frustration" in Repulse Bay over the delayed election.

"I think the election rules are clear," he said.