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Court delay buys Kilabuk some time

Judge orders QIA to take eviction application to rental officer. Meanwhile, ousted President remains in staff house

KIRSTEN MURPHY

A delay in civil court proceedings gives former Qikiqtani Inuit Association president Meeka Kilabuk a few more weeks in QIA staff housing.

Justice Robert Kilpatrick said last week that he will not proceed with QIA’s eviction application until the association consults with rentals officer Bill Riddell.

The otherwise patient judge appeared visibly frustrated with QIA’s lawyer, Sylvie Molgat.

"Your application is premature," Kilpatrick said. Molgat, who appeared by phone, insisted that the Residential Tenancy Act does not require the matter to go before a rentals officer when an employee has been fired.

Kilpatrick disagreed and adjourned the case until Riddell hears the matter.

"This is the first instance in my tenure as a judge that an [eviction] application was made first to the court," Kilpatrick said.

Once Riddell conducts his own hearing, the matter will return to civil chambers in the Nunavut Court of Justice. The process may take weeks to complete, said Michael Osland of Dubuc Osland, the law firm representing QIA.

Kilabuk, dressed in black, sat motionless with her hands folded during the Feb. 22 hearing.

QIA is attempting to evict Kilabuk and sue her for the cost of rent. She was fired on Sept. 19, nine months after she was elected to office. The QIA board cited lack of leadership as a reason for letting her go.

Kilabuk was sent a written request to vacate the house one week after her termination. She was sent a second warning on Dec. 18. Kilabuk has said her firing was unjust and refuses to leave until the QIA board reviews the matter.

Appointed QIA president Thomasie Alikatuktuk plans to remain in his home community of Pangnirtung until Kilabuk vacates the QIA house. For now, he runs the influential Inuit organization from his home telephone.

When asked if working from home limits his role as president, he said: "Yes, very much. I spend most of my time on my telephone with conference calls. I hope this is settled soon."

During an annual general meeting in Qikiqtarjuaq last week, the appointed president said moving to Iqaluit and staying in a hotel is not an option because of the exorbitant costs.

Indeed, Kilabuk’s stubbornness is becoming a financial drain on QIA. Molgat said earlier this month the cost of providing housing benefits to two presidents — one excommunicated, one in power — is "substantial."

Under QIA’s housing benefit policy, Alikatuktuk is entitled to an $867 monthly housing benefit.

Kilabuk’s lawyer, Euan Makay, was expected to fly in for the 10 a.m. session on Feb. 22. When he failed to appear by 11 a.m., Kilpatrick proceeded without him.

Kilpatrick warned Kilabuk that despite the procedural delay, the clock is ticking.

"This is not resolved. I’m concerned you don’t have counsel [here]. The decision is coming and you’re running out of time," Kilpatrick said.

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