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CFS referendum at Thompson Rivers University valid: judge
The Supreme Court of British Columbia has ruled that a referendum to join the Canadian Federation of Students (CFS) that was conducted by the Cariboo Student Society (CSS) should not be overturned, dismissing complaints raised by former executives Nicholas Byers and Brent Foster.
In their original application, Mr. Byers and Mr. Foster argued that the bylaws of the CSS ought to prevail over those of the CFS in the case of the referendum. But the judge disagreed, ruling that the CSS Board's decision to apply for prospective membership in the Federation constituted acceptance of the bylaws of the CFS, including the bylaws providing for the referendum procedure. "There are no grounds advanced that convince me that the Society’s by-laws ought to prevail in the conduct of the referendum," said The Honourable Mr. Justice R.M. Blair in his ruling.
Mr. Byers and Mr. Foster also argued that the referendum was conducted in an irregular manner. But the court decided that although the petitioners might not have been aware of some of the rules as early as they would have liked, the rules were nonetheless available for inspection. Furthermore, the court noted that the Student Society was prepared to offer funding for a "NO" campaign.
In addition, Nicholas Byers had voted twice, and had attempted to vote a third time, in an attempt to demonstrate that the voting process was flawed and vulnerable to fraud. However, he was caught on his third attempt to vote. Suffice it to say, the Court was not pleased with this breach of the rules:
(An earlier post covers the process leading up to the referendum itself, and also covers an interlocutory application that Mr. Byers and Mr. Foster filed while the referendum was taking place.)
CFS referendum at Thompson Rivers University valid: judge
The Supreme Court of British Columbia has ruled that a referendum to join the Canadian Federation of Students (CFS) that was conducted by the Cariboo Student Society (CSS) should not be overturned, dismissing complaints raised by former executives Nicholas Byers and Brent Foster.
In their original application, Mr. Byers and Mr. Foster argued that the bylaws of the CSS ought to prevail over those of the CFS in the case of the referendum. But the judge disagreed, ruling that the CSS Board's decision to apply for prospective membership in the Federation constituted acceptance of the bylaws of the CFS, including the bylaws providing for the referendum procedure. "There are no grounds advanced that convince me that the Society’s by-laws ought to prevail in the conduct of the referendum," said The Honourable Mr. Justice R.M. Blair in his ruling.
Mr. Byers and Mr. Foster also argued that the referendum was conducted in an irregular manner. But the court decided that although the petitioners might not have been aware of some of the rules as early as they would have liked, the rules were nonetheless available for inspection. Furthermore, the court noted that the Student Society was prepared to offer funding for a "NO" campaign.
In addition, Nicholas Byers had voted twice, and had attempted to vote a third time, in an attempt to demonstrate that the voting process was flawed and vulnerable to fraud. However, he was caught on his third attempt to vote. Suffice it to say, the Court was not pleased with this breach of the rules:
Mr. Byers’ conduct in voting twice and attempting to vote on a third occasion places him in a tenuous position when it comes to pursuing his complaints against the Society. He seeks to invoke the equitable jurisdiction of this court, but comes before the court after having breached the rule of one person, one vote. His conduct is reprehensible and will not be condoned by this court.As of yet, we have no word as to whether or not the petitioners intend to appeal.
(An earlier post covers the process leading up to the referendum itself, and also covers an interlocutory application that Mr. Byers and Mr. Foster filed while the referendum was taking place.)
Labels: cfs
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