The territorial government has stayed clear of disputes between Yukon residents and their municipalities, but with a byelection looming, the ruling Yukon Party appears very concerned about what some downtown residents think about Whitehorse city hall.

So much so, that Mike Nixon, the Whitehorse Centre MLA hopeful for the Yukon Party, is getting some high-profile canvassing help from the government caucus in his bid to win the Dec. 13 byelection.

Last week, Justice Minister Marian Horne joined Nixon for his door-to-door visits on Black Street – the centre of a dispute between its residents and city hall over costly improvements.

"It is clear that, while some of you approve the changes and some of you don't, there seems to be a consensus that the voting method is not working,” writes Nixon in a letter he and Horne distributed to Black Street residents.

"I went and sat down with city officials to get a better understanding ... and I agree with your concerns.”

Nixon goes on to write that the solution could require "a change to the Municipal Act or some other solution.”

But less than a month earlier, Community Services Minister Archie Lang was in no mood to revisit the Municipal Act.

On Oct. 27, Lang stood in the legislative assembly and lent his support to the B.C./Yukon Court of Appeal's decision that Whitehorse's Official Community Plan trumps citizens' rights to hold a referendum – a decision that runs contrary to the act.

"That was decided in the highest court in this part of the land,” Lang said. "They made a decision, and this government will stand by that decision.”

Lang made the statement during a question period exchange with NDP member Steve Cardiff over a protracted court battle between the city and longtime resident Marianne Darragh.

Darragh had originally won her case for a referendum on the protection of McLean Lake's shoreline, in part by collecting 2,500 signatures on a petition. The city appealed, however, and in August 2009, the B.C./Yukon Supreme Court reversed the decision.

"I'd like to know ... why – when he had the power to get involved in the discussion and to act as the minister and stand up for the Municipal Act's democratic revision – he sat out and let the court decide?” Cardiff asked of Lang.

The minister responded that "every citizen has a right to go to court” and that he would not "pick winners and losers.”

Built into the Municipal Act are provisions granting municipalities independence from territorial government interference, as well as enabling municipalities citizens' input into local cities', hamlets', towns', and villages' decision-making.

Unfortunately, it has been a touchstone for litigation rather than a safegaurd for municipalitites' and residents' rights.

This morning, Nixon said the McLean Lake issue was a separate matter, but that he has already gone to bat for Whitehorse Centre residents on the Black Street dispute.

"McLean Lake doesn't have anything to do with the downtown riding,” Nixon told the Star.

"But as an elected MLA, if an issue comes up downtown, it's my job to represent the people and it's kind of what I'm doing now, going to work before I've even got the job.”

Nixon said he went to city hall and spoke to an official there who he declined to name. From that, he has determined, as he wrote in his letter, that the problem is with the voting method for upgrades as laid out in the Municipal Act.

City manager Dennis Shewfelt said this morning he was unaware that Nixon had met with city staff on the Black Street matter.

To date, said Shewfelt, the city has received 19 objections to the Black Street upgrades from 50 property owners.

If less than a clear majority object – based on the number of objections the city receives – the Municipal Act would allow the city to complete the upgrades and bill property owners; in this case, an average of $11,000 per Black Street household.

If more than 50 per cent object, the city can opt to proceed with the work but is not allowed to levy benefiting households.

Shewfelt said that changing how the city deals with upgrades and recouping costs through affected households would require a change to the territorial legislation.

"The municipality cannot change the Municipal Act,” said Shewfelt. "We're only following the law.”

And the Yukon Party government was content to follow the law, said Liz Hanson, NDP leader and candidate for Whitehorse Centre, until there was a seat in the legislature at stake.

"Isn't it nice that the Yukon Party suddenly discovered that they have a voice on Municipal Act issues when we've been raising it for more than two years?” said Hanson.

"We've asked the minister responsible numerous times and there's been no willingness to talk about ... when people do use the provisions of the act and they end up in court, the minister continuously says, ‘we can't get involved.'”