The legislative assembly will be reconvening for its fall sitting in two weeks on Thursday, Oct. 27.

However, though the dates of the sitting have been set, it appears residents of Copper belt will be without a representative for at least part of the session.

'It's very unfortunate,' said Liberal Leader Arthur Mitchell. 'It's completely unnecessary. We've had over a month when we could have had an election.'

The seat for Copper belt riding has been vacant since Sept. 9, when Independent MLA Harken Arntzen resigned following his conviction and sentencing for the indecent assault of two women in the 1970s.

Premier Dennis Fentie had told Yukoners a by-election would be called in the 'immediate future,' but over a month later the dates of the by-election have not yet been set.

'It's very disrespectful to the residents of Copper belt,' said Mitchell.

'Once again, Premier Fentie is putting the interests of his party ahead of the need to ensure all Yukoners their rightful place in the democratic process,' said Official Opposition Leader Todd Hardy.

However, Fentie told the Star this morning that it is the NDP that is attacking the democratic process by suggesting the legislature postpone its sitting.

'All the NDP's rhetoric is politically motivated,' said Fentie, adding the party also attacked the judicial process in the spring.

The NDP put forward a motion in May calling for the legislature to force Arntzen to resign. However, the Yukon Party refused to debate the motion and it died on the floor of the house.

Last week, the NDP called for the government not to reconvene the house until after a representative is elected, and indicated the party was willing to sit up until Christmas and following a recess return to finish the session in early January.

'( Fentie) obviously doesn't listen to the Opposition,' Hardy said Wednesday.

The Yukon Party, as the governing party, represents all ridings and all Yukon's, said Fentie. Even though the Copper belt may be without a representative for part of the session, its interests will be represented in the house, he added.

The riding will have a representative in the house at some point during this sitting, he said.

'Of course we will like to see a member in the house. This is as soon as we possibly can,' said Fentie, regarding the pending call of the by-election.

The returning office could not have been ready until the early part of October, he said.

A by-election is traditionally called on a Friday with the polling being held 31 days later on a Monday.

It then takes another week for the newly elected MLA to be sworn into office and to take their seat in the legislature.

With legislative sittings in the Yukon only encompassing 30 days, even if Fentie were to call the by-election tomorrow, the newly elected representative would miss nearly half of the session.

The premier is able to leave a seat in the assembly vacant for up to 180 days before being required to call a by-election.

Fentie added the the Yukon Party is committed to ensuring that Copper belt residents and all Yukon's get 'value' for their by-election.

The NDP has nominated Maureen Stephen's to run in the riding and Mitchell will represent the Liberals.

However, the Yukon Party has not yet nominated anyone. But is scheduled to hold their nomination meeting on Thursday, Oct. 20. Cynthia Kerns and Daryl Novakowski have indicated they intend to seek the party's nomination.

'The nomination meeting is on Oct. 20, I'll let you guess when I'm going to drop the writ,' said Fentie.

'Mr. Fentie had the opportunity to ensure that the successful candidate was in the legislature for the session,' said Hardy,' and he managed to manipulate it.'

Hardy said the Yukon Party government's failure to call a by-election and bring the legislature back into session now 'smacks of arrogance.'

'This government has a high degree of disdain for the public's opinion,' he said.

Fentie declined to discuss what would be on the legislative agenda over the fall sitting.

In a press release issued by the Yukon government, the premier indicated the assembly will be considering a supplementary budget and 'other bills' during the session.

Hardy said until Copper belt constituents have an elected representative, the NDP will continue to represent the interests of the riding in the assembly, adding the party has received a 'multitude' of calls from residents throughout the spring and summer.

Mitchell also intends to make his presence known in the legislature despite the fact he does not yet have a seat.

He will be in the visitor's gallery during the sitting and plans to 'drop in' to engage and talk to MLAs.