LAST UPDATED ON JANUARY 11, 2015
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The Kwantlen Student Association (KSA) held a referendum to disaffiliate from the Canadian Federation of Students on September 18, 1991.1 The CFS refused to recognize the validity of the referendum, and sued the KSA in 1997, six years later. In the lawsuit, the CFS insisted that the KSA owed the CFS membership dues for the period 1991-19972 – a huge sum of money, which the KSA was unable to afford. By this time, the KSA had lost a significant amount of its records, and was unable to prove whether the notice of referendum delivered to the CFS was sent by registered mail, as required by CFS bylaws at the time, instead of by regular mail. In any event, the parties settled out of court in 1999, agreeing that a membership referendum would be held according to CFS bylaws. The KSA and its Executives were explicitly forbidden from campaigning in the referendum3; the CFS, however, was not, and proceeded to flood the campus with staff and executives, leading to a 97.4% ‘victory’ for the CFS4. (The KSA was forbidden from disclosing the “Minutes of Settlement,” which contained the onerous referendum terms, to any other person5, and so this document did not become public until 2008 when the CFS made the document public voluntarily.)
- Results of the September 25, 1991 Kwantlen College Student Association referendum on continued membership in the Canadian Federation of Students National and Pacific – October 4, 1991
- Writ of Summons (August 28, 1997) and Statement of Claim (October 28, 1997)
- Statement of Defence – November 18, 1997
- Reply and Defence to Counterclaim – December 1, 1997
- Notice of Trial – March 18, 1998
- Affidavit of Frank Jonasen (Former President of the Kwantlen College Student Association) – April 14, 1998
- Minutes of Settlement – January 27, 1999
- Consent of Payment Out – February 19, 1999
- Praecipe – April 1, 1999
- Court Order – April 6, 1999
- Exert of the Canadian Federation of Students National Executive Report (Membership Issues) – November 1999
1 CFS et al., “Statement of Claim,” October 28, 1997, 3, in Canadian Federation of Students v. Kwantlen University College Student Association, Supreme Court of British Columbia, Vancouver Registry, No. C974704, http://www.studentunion.ca/cases/kwantlen91/writ-and-statement-of-claim.pdf.
3 CFS and KSA, “Minutes of Settlement,” January 27, 1999, 2, attached to Lucy Watson, “Affidavit #3,” March 13, 2008, as Exhibit “A,” in Canadian Federation of Students v. Kwantlen University College Student Association, Supreme Court of British Columbia, Vancouver Registry, No. S081553, http://www.studentunion.ca/cases/kwantlen08/watson3.pdf.
4 CFS, “National Executive Report,” November 1999, 43, http://www.studentunion.ca/cfs/1999/1999-11-execreport.pdf.
5 CFS and KSA, “Minutes of Settlement,” 3.