[StudentUnion.ca]

Students' Union Legal Resources

This page contains statute law, regulations, and case law concerning students' unions in Canada. The author is not a lawyer, and nothing here should be construed as legal advice, etc.

Canada

Statute Law

• Canada Corporations Act - law governing federal corporations, including not-for-profit corporations such as CFS and CASA

Resources

• Corporations Canada - federal unit that administers the federal corporate registry. Contains these entries:
  • Canadian Federation of Students (see see website)
  • Canadian Federation of Students-Services (see see website) (majority owner of Travel CUTS)
  • Canadian Alliance of Student Associations (see see website)
  • Canadian Student Horizons Groups (see see website) (minority owner of Travel CUTS; see here for details)
  • Canadian Universities Travel Service Limited (a.k.a. Travel CUTS)
  • National Union of Students (defunct)
  • Canadian Union of Students (defunct)
  • Canadian Congress of Student Associations (scam corporation)
  • SuperConference (SuperCon) (scam corporation)
  • Moneycon (scam corporation)
  • Canadian Academic Roundtable (scam corporation)
  • The Association of Managers in Canadian College, University and Student Centres (see website)
  • Canadian Association of College and University Student Services (see website)
  • Canadian Association of University Teachers (see website)
  • Association of Universities and Colleges of Canada (see website)
  • Canadian University Press (see website)
  • Canadian University Press Media Services Limited (a.k.a. Campus Plus, for-profit arm of CUP)
  • The John H. McDonald Journalism Foundation (see website) (charitable arm of CUP)

Miscellaneous

• Documents of the Canadian Federation of Students[-Services]
• Constitution and Bylaws of the Canadian Alliance of Student Associations

British Columbia

Statute Law

• Society Act and Society Act Regulations
• University Act
• College and Institute Act and Student Society Designation Regulation

Case Law

• Sangam Education and Cultural Society of BC v. Gounder (1990) - interpretation of Society Act re: validity of society's bylaws allowing for removal of directors by means other than a special resolution; see this memo for a summary
• Feldhaus v. Registrar of Companies (1992) (Court of Appeal) - right of student society to collect mandatory fees
• Feldhaus v. Registrar of Companies (1994) (Court of Appeal) - right of student society to collect mandatory fees
• McGuire v. University of Victoria Students' Society (1996) - disputed election
• Attaran v. The University of British Columbia (1998) - right of university to raise fees contrary to legislated freeze
• Karabotsos v. Canwest Television Inc. & Arnason v. Canwest Television Inc. (1998) - defamation lawsuit over media coverage of "PornoGate"
• Tromp v. The Information and Privacy Commissioner of the Province of British Columbia [2000 BCSC 598] - access to Coca-Cola exclusivity contract under Freedom of Information law
• Houlihan v. McEvoy [2002 BCSC 16] - dispute over wrongful termination
• Simon Fraser Student Society v. Simon Fraser University [2002 BCSC 81] - rent dispute
• Simon Fraser Student Society v. Simon Fraser University [2002 BCCA 645] - rent dispute (appeal)
• Armstrong v. Clark [2002 BCSC 730] - disputed removal of directors
• Gray v. Alma Mater Society of the University of British Columbia [2003 BCSC 864] - responsibility of student society to protect members' freedom of speech wrt abortion
• Kwantlen University College Student Association v. Kwantlen University College [2005 BCSC 711] - disputed election
• The Students' Union of Vancouver Community College v. Castro [2005 BCSC 795] - dispute over composition of Board of Directors
• Canadian Federation of Students - British Columbia Component et al v. Greater Vancouver Transportation Authority et al [2006 BCSC 455] - authority of TransLink to prevent CFS-BC from buying 'political' ads on buses
• Canadian Federation of Students - British Columbia Component et al v. Greater Vancouver Transportation Authority et al [2006 BCCA 529] - authority of TransLink to prevent CFS-BC from buying 'political' ads on buses (appeal)
• Byers v. Cariboo College Student Society [2006 BCSC 461] (interlocutory application) - dispute over applicability of students' union's bylaws v. CFS bylaws during federation referendum
• Byers v. Cariboo College Student Society [2006 BCSC 603] (final)
• Epp v. Alma Mater Society of the University of British Columbia [2006 BCSC 659] - right of student society to collect health and dental plan fees
• Simon Fraser Student Society v. Gregory [2006 BCSC 1873] - effective date of resignation of officials and right of an official to cancel a meeting

Miscellaneous

• Canadian Federation of Students - British Columbia Component Constitution and Bylaws
• Steve Lee Now - contains documents relating to various disputes regarding the Kwantlen Student Association
• Douglas Students' Union v. Douglas College legal documents
• Joey Hansen v. The Peak and Joey Hansen v. Global Television legal documents
• Simon Fraser Student Society v. Gregory legal documents

Alberta

Statute Law

• Post-Secondary Learning Act

Saskatchewan

Statute Law

• The Non-profit Corporations Act, 1995

Case Law

• Lloyd v. Kelsey Students' Association [2001 SKQB 23] - dismissmal of general manager
• Mowat v. University of Saskatchewan Students' Union [2006 SKQB 462] - dispute over conduct of students' union in CFS federation referendum
• Mowat v. University of Saskatchewan Students' Union [2007 SKCA 90] - appeal from the above

Manitoba

Statute Law

• The University of Manitoba Students' Union Act
• The Corporations Act

Ontario

Statute Law

• Corporations Act

Case Law

• Canadian Federation of Students (Ontario) v. Students Federation of the University of Ottawa (1995) - procedure to follow regarding CFS defederation referendum
• Rakowski v. Malagerio (2007) - right of a student to run for election to the Board of Directors
• Rakowski v. Malagerio (2007) - dispute over awarding of costs

Miscellaneous

• Bylaws of Ontario Undergraduate Student Association
• Constitution of College Student Alliance

Quebec

Statute Law

• An Act respecting the accreditation and financing of students' associations

Case Law

• Keefer c. Lowy (2001) - Concordia student banned from university premises for graffitti and threats
• Joseph c. Concordia Student Union Inc. (2003) - dispute over the Concordia Students' Union's decision to de-register Concordia Hillel as a student club
• Polycuisine Ltée c. Students' Society of McGill University (2004) - dispute over food services with Students' Society of McGill University
• Engler c. Université Concordia (2005) - Concordia student banned from university premises for creating a disturbance and harassment

Miscellaneous

• Bylaws of Canadian Federation of Students, Quebec (note: not guaranteed to be up to date)

Nova Scotia

Case Law

• Nova Scotia Confederation of University Faculty Associations v. Nova Scotia Human Rights Commission (1995) - right of universities to charge differential tuition fees for international students

New Brunswick

Case Law

• Buckley v. Students Union of St. Thomas University, Inc. (1992) - charge of wrongful dismissal of general manager

Prince Edward Island

Newfoundland and Labrador