McMUN Coverage 6
Carnival Gallery 9
Facebook IPO 14
SOPA Failure 18
The Bull & Bear McGill’s Business Voice Since 2003
A publication of the
bullandbear.ca
February 2012 • Volume 9 • Issue 6
CONSTITUTIONAL CRISIS SSMU Board of Directors Suspends J-Board Dan A. Novick Staff Writer
T
Nicole Himelfarb
Heather Munroe-Blum attends the Management Achievement Awards (see page 5)
he SSMU Board of Directors voted on January 26 to suspend the activities of the Judicial Board ( J-Board). This move suspends former SSMU President Zach Newburgh and Prince Arthur Herald co-founder Brendan Steven’s appeal until further notice. “The reason we brought this to our lawyer in the first place was the fact that there was a possibility of a ruling to overturn the decision of members,” affirmed SSMU VP University Affairs Emily Yee Claire. Newburgh and Steven’s appeal, which was scheduled to be heard on January 30, questions the validity of the fall QPIRG referendum that validated another five years of operation for QPIRG and removed the ability of students to opt-out online. SSMU has created an ad hoc By-Law Committee to begin reforming the J-Board and to present their findings to the SSMU Council meeting on February 2. According to the SSMU Constitution, the J-Board “shall be the final authority on: interpretation and legality of all procedures, questions and results
of all referenda and elections.” In agreeing to hear Newburgh and Steven’s appeal on the fall QPIRG referendum, the J-Board was adhering to the Constitution in that “any dispute or uncertainty arising from the CEO [of Elections McGill]’s interpretation of a referendum question shall be referred to Judicial Board for resolution.” When asked if the suspension of the J-Board was in violation of the SSMU Constitution, Claire asserts that the activities of the J-Board were suspended because of the possibility of violation of Quebec law. “In its current construct, the fact that it’s within our Constitution, that says that the J-Board has the ability to overturn any decision by any part of the SSMU, is in violation of the Quebec Corporations Act.” SSMU is in fact both a corporation and a student union, and is thus bound to the Corporations Act and the Accreditation Act. Under the Corporations Act, Claire asserts that, “no one can limit the power of the Board of Directors.” The Accreditation Act gives SSMU their license as a student union and “gives our members the right to vote in referenda that are binding.” The SSMU Executive consulted legal
advice on the grounds that the J-Board could overturn the fall QPIRG referendum. Many find that the decision to suspend the activities of the J-Board is politically motivated, as the SSMU Executive and Legislative Councils made their support for QPIRG during the fall referendum very clear. However, Claire asserts that the decision was “to reduce the possible political impact, because the alternative was to make this decision after the hearing had gone through and the decision [by the J-board] had been made.” SSMU is trying to make the J-board more under the control of the SSMU Executive Council. “The ad hoc By-Law Committee is working on these regulations to make it so that the J-Board can function as a subset of the Board of Directors.” Claire asserts that the Newburgh/Steven appeal will still be heard, and that they are “already booking rooms.” The SSMU By-Law Committee is working with the Executive Council and the J-Board to come up with a resolution concerning possible reforms to be voted on on February 2. Claire asserts, “we have to change it so they can’t overturn a decision. They can’t be that final authority.”
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