Sunday, April 02, 2006

Thompson Rivers University Students' Union joins Canadian Federation of Students

No, no election news - none that I am aware of. Rather, something much more exciting: a referendum on joining the Canadian Federation of Students! That's right, the Thompson Rivers University Students' Union - still formally known as the Cariboo Student Society (after the University College of the Cariboo, which became TRU earlier this year) - has decided, after an absence of over 11 years, to rejoin the Federation.

But trouble may be brewing in paradise. The Omega notes that "the figures were provided by Nathan Lane, executive director of the TRU Student Union and a member of the referendum Oversight Committee." According to CFS Bylaws, referenda to join the Federation are governed by a "Referendum Oversight Committee" consisting of two Federation representatives and two representatives of the relevant students' union - hardly an unbiased composition!

Some might argue, of course, that the two students' union representatives on the committee might ensure its non-partisanship. But in this case, such arguments fall flat. Mr. Lane is well known as being a keen supporter of the Federation. Sources indicate that Nathan Lane was formerly the Organiser at the UBC Students' Union, brought on board shortly after said organization joined the Federation itself.

A survey of CSS minutes illustrates how this turn of events has arisen.

On June 23, 2005, the CSS Council discussed the possibility of prospective membership. Councilors had attended the CFS Skills Development Weekend at SFU, and several members thought it would be good to join.

On June 29, 2005, three representatives of the Federation came to speak to CSS Council: Shamus Reid, Summer McFadyen, and "Michael Gordon" (which I believe should be Michael Gardiner). A presentation was made. Reference was made to the 1995 situation when the CFS sued the CSS when the latter tried to leave the Federation without remitting their last year's membership dues. Eventually, Council voted 10-1 in favour of prospective membership in the Federation.

Over the summer, Council decided that it would be a good idea to create an "Executive Director" staff position to supplement the existing "General Manager" position held by Ernie Ware. Eventually, Nathan Lane was hired on August 31, 2005. Two meetings later, the format of CSS meeting minutes radically changes: the minutes no longer record discussion, only votes, and "Prospective Member of the Canadian Federation of Students" appears as the first line on all minutes.

On November 15, 2005, Council decides to purchase CFS handbooks. The increasing use of CFS services increases through the next few months. By the time the referendum rolls around, the CSS website is prominently advertising a number of services: the Student Work Abroad Program (SWAP); the Studentsaver Card; Homes4Students.ca; and StudentPhones.

On December 5, 2005, the CFS comes and gives another presentation to the CSS. Thereafter, Council votes to hold a referendum on membership in the Federation. The motion seems odd; it is moved and seconded by the same person (James Studer), which violates Robert's Rules of Order, and it incorrectly places the referendum in January, as opposed to its actual date of February 7, 8 and 9. Immediately after this vote, Council votes to place General Manager Ernie Ware and Executive Director Nathan Lane on the Referendum Oversight Committee. Apparently, this upsets VP Finance Jen Hayes, who, interestingly enough, was the only Council member to vote against prospective membership in the first place. This writer suggests that the prospect of appointing yet another partisan supporter of the Federation on a committee already full of them might have upset her. In any event, Council felt so strongly about this that they voted to give Ms. Hayes a "verbal warning."

On December 16, 2005, Council votes to endorse the YES side of the referendum.

On February 9, 2006, the last day of voting in the CFS membership referendum, the Supreme Court of British Columbia dismissed an interlocutory injunction filed against the CSS by students Nicholas Byers and Brent Foster. Nicholas and Brent appeared on their on behalf (i.e. not with the benefit of a lawyer) whereas the CSS was ably represented by (surprise surprise!) Don Crane, also counsel to the CFS and many other student societies in the Lower Mainland. It is highly unlikely that Mr. Crane is the CSS' regular lawyer, but in this case his expertise was being relied upon.

The students argue that the CFS referendum ought to be conducted in accordance with CSS bylaws (which provide, in part, that "the electoral committee shall be unbiased, and represent the interests of democracy" and "the electoral committee shall be comprised of a) only society members, b) not running for office") as opposed to CFS bylaws, which contain no such annoying provisions. The judge decides not to grant the injunction; not because the case has no merit, but rather because the students have not shown that "irreparable harm" would result from the referendum's continuance. However, the judge notes: "By refusing to grant the application for the injunction, I am not precluding the petitioners from pursuing their action further against the Cariboo Society for what the petitioners believe to have been breaches of the Cariboo Society's constitution and bylaws in the manner in which the Society permitted the referendum to be conducted."

And so the saga continues. The question remains: will Nicholas and Brent launch a full lawsuit against the CSS? It appears that they could have good prospects; the CSS bylaws are quite clear as to what rules are to be followed when referenda are being conducted. But lawsuits are difficult to launch - unless, of course, you're a multi-million dollar organization.

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UPDATE (2006-04-04): I have been informed that Mr. Byers and Mr. Foster have indeed filed a full lawsuit against the Cariboo Student Society, alleging numerous violations of their Bylaws and the Society Act. This case is expected to end up in court sometime next week. Stay tuned for an update as soon as more information becomes available.

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UPDATE (2006-04-24): Sources have informed me that James Studer, the CSS Councillor who was most enthusastically behind the move to join the Canadian Federation of Students, is related to Rob Nagai, General Manager of the UBC Students' Union (Okanagan) and former colleague of Nathan Lane, newly-hired CSS Executive Director.

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4 Comments:

Anonymous Anonymous said...

Nathan Lane is a pawn of the CFS, and is said to go into schools and push through the CFS agenda, then leaves.

The CFS wont hire him for a real job, so he is their lackey until they throw him something to chew on.

8:17 PM  
Blogger RabidRabbit said...

Geeze... The only infromation I got about the referendum at all, was at the portion of the hallway I had to pass through to get to the polling station in one of the buildings... Of course this hallway was lined by bright CFS booth's and virtually cordoned off by brochure peddling CFS proponents. Some close friends of mine ran the only 'No' campaign, which was in it's own right pathetic, but the few posters supporting the no side were torn down. I never saw once, where my friends claimed (and with the empty paper bags to prove it), that they'd distributed dozens of these posters across campus. This is similar to the campaigning done by the current party which controls the CSS (now TRUSU) just last week. It's sad though, that the student body here is simply so apathetic towards what goes on.

2:49 AM  
Anonymous Anonymous said...

Titus,

Bad news. I don't know how, but bad news... The judge has dismissed the case and is allowing them to seek costs....

email for more info.

n_byers@tru.ca

5:11 PM  
Blogger BurningBright said...

I'm so disappointed. In my experience, the CFS are a sneaky organisation and it's a shame they got back into Kamloops... but it's easy to buy starving students, isn't it?

2:00 PM  

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