Premier Dennis Fentie not forcing the resignation of Copperbelt MLA Haakon Arntzen may have more to do with politics than waiting for the due course of the courts to conclude, says Opposition Leader Todd Hardy.

'There's a huge confusion why Mr. Fentie and Mr. Arntzen aren't doing the right thing,' Hardy recently told the Star. 'There's the question of if Mr. Fentie is making these judgments based upon political benefit to serve himself.'

Arntzen, 58, was convicted of three counts of indecent assault in May for crimes against two women who were children at the time. The incidents occurred between 1972 and 1980.

His sentencing is set for this coming Wednesday. He will then have 30 days to appeal the decision.

The independent MLA's sentencing date had previously been scheduled for June 27.

The date was pushed back after he fired his trial lawyer, Ed Horembala of Whitehorse, and hired Brian Beresh, an Edmonton-based attorney.

Beresh, a high-profile criminal lawyer with a reputation for appealing cases all the way to the Supreme Court of Canada, argued he needed time to review Arntzen's file before the sentencing.

The NDP brought forth a motion during the spring sitting of the legislature calling for Arntzen's resignation. However, the Yukon Party members refused to debate it and it died on the floor of the house. The disgraced MLA had been elected in the 2002 election as a Yukon Party MLA.

'It's before the courts and we'll allow the courts to carry out their duties and responsibilities,' Fentie told reporters during the spring sitting of the legislature.

It will not be until the due process of the court concludes that the government will make any move to oust Arntzen, he added.

Arntzen also has the option of voluntarily resigning his seat.

'There's no question about it: with our discussion with people in the riding, they wish Mr. Arntzen would do the right thing and resign,' said Hardy. 'They really, really do. They keep hoping that's going to happen.'

The MLA has stated he has contemplated resigning, but he has not done so yet.

If Arntzen does appeal the case, Fentie's statements indicate the MLA will be permitted to maintain his seat and collect his $53,776 annual salary.

Arthur Mitchell, the Liberal leader and a resident of the Copperbelt riding, said he has also heard from many constituents expressing a wish for Arntzen to resign or to be removed from the legislature.

An appeal could mean a general election is called before the government ever puts forth a motion regarding Arntzen's seat, said Mitchell, and a continued lack of representation for the riding until that time.

Arntzen has not actually asked a question in the legislature since Dec. 13, 2004.

'The charges (Arntzen's) been found guilty of are of such a horrendous nature that politics should not be played around this,' said Hardy.

If Arntzen does not appeal the court's decision, his 30-day window of appeal would conclude on Oct. 7 18 months after the charges were laid.

At that point, the premier could call a special sitting of the legislative assembly to allow for a motion to be brought forth calling for Arntzen's resignation.

It's also possible the premier may just wait until the next sitting of the legislature. In 2004, the legislature began its fall sitting on Oct. 21 and in 2003, it sat on Oct. 30.

If Arntzen is ousted or resigns, the premier can wait up to 180 days before calling a byelection.

If Fentie waited the entire period, he would not be required to call an election for the Copperbelt riding until into April 2006.

'That would be very unfortunate to leave that seat vacant through two full sessions. It would just be plain wrong. It would be blatantly political,' said Mitchell.

Fentie declined to comment.

However, Peter Carr, the spokesperson for the Yukon Party cabinet, said, 'We're following the long-standing precedent of letting the judicial process run its course. Politics isn't playing any part in that.'

The premier has previously stated he plans to get in one more budget before dissolving the legislature and calling a territorial election.

The last several spring sittings of the legislative assembly have begun in March.

Depending on the timing of the 2006 spring sitting, and if Fentie decides to call an election immediately following the end of the session, the byelection and the general election could fall on very close dates.

However, the premier is not required to call a general election until the fall of 2006.

Fentie has previously stated allowing the due process of the courts to conclude is not only a fundamental right, but also a precedent set by the House of Commons.

Arguably, a precedence has also recently been set by the prime minister regarding byelections.

In September 2003, Mac Harb, the Liberal MP for Ottawa Centre, was given a seat in the Senate and resigned from his spot in the House of Commons.

Prime Minister Paul Martin did not set a byelection date until March 2004, after the riding had gone without representation for almost six months. The date of the byelection was then scheduled for Nov. 29, 2004.

It was argued that with a federal election in sight, it made sense to put off the byelection because it may end up saving taxpayers money in the end.

But Mitchell said the Yukon electorate would 'see through' such a move, if it were to ever come to that.

According to documents obtained by the Star from the office of Peter Milliken, The Speaker of the House of Commons, a legislature has the ability to regulate itself and can expel any member deemed 'unworthy' to sit in the chamber for 'unbecoming' conduct.

But Jonathan Malloy, a professor of political science at Carleton University in Ottawa, said it is uncommon for assemblies to oust members.

There is a tendency in Parliament to allow MPs who have come under pressure to resign to 'sit in a corner' until the next election and then let the voters decide, he said.

Since Confederation in 1867, there have only been four incidents in the House of Commons where a member has been expelled for serious criminal convictions.

In 1874 and 1875, Louis Riel was expelled for being a fugitive from justice.

In 1891, Thomas McGreevy was expelled for contempt of the authority of the House, and in 1947, Fred Rose was expelled for being found guilty of conspiracy.

The last time an MLA was expelled from a Canadian legislature was in 1986 in Nova Scotia. In that case, the member was convicted of four counts of using forged documents regarding money he received in his capacity as an MLA.

The last time a Yukon MLA faced serious criminal charges was in 1986, when then-Liberal leader Roger Coles was charged with cocaine trafficking. He chose to resign his Tatchun seat, served time in prison for the offence, and moved to Alberta.

Prominent former NDP MP Svend Robinson took stress leave and chose not to run in the 2004 federal election after he was caught stealing an expensive ring.

The only case that closely mirrors the Arntzen situation is that of Jack Ramsay, an Alberta MP who in 1999 was convicted of trying to rape a 14-year-old girl in 1967.

Ramsay maintained his innocence following the conviction.

Like Fentie, Preston Manning, leader of the Reform party, pushed to permit the MP to have the opportunity to appeal in court.

Pressure inside the party resulted in Ramsay being ousted from its caucus.

But, he did not give up his seat in the House of Commons and sat as an independent MP, saying he would maintain his position until his options of appeal were exhausted or his constituents told him to quit.

There was political pressure from all parties for Ramsay to leave the House of Commons, but the issue was never brought to a vote.

Ramsay later lost his seat in the 2000 federal election.

'I think there are people disturbed and really uncomfortable about the fact that Mr. Arntzen continues to act as a representative of people even though he's been found guilty of these charges,' said Hardy.

Malloy agreed the situation is not entirely fair to the constituents.

He suggested that when these types of scenarios occur, it may be an indication there needs to be a recall clause for voters.

The issue really becomes a question of what level of offence has to occur for the government to decide to get rid of someone, he said.

British Columbia Premier Gordon Campbell was convicted of drunk driving in Hawaii. Malloy said that could have been a cause for expulsion, but added he didn't know if that was an acceptable level to cross when deciding if the government should put forth a motion for resignation.

Sexual offences may be a level at which it would be acceptable to put forth such motions, he said, but maintained that it is an issue for individual assemblies to decide.