W h o WE A R E R E M E M B E R IN G Stephanie Levitz | 1 1
leremy Kuzmarov | 1 9
R e d m e n lo se h ea r tbr ea k er
VOLUME
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M artlets on to p
C o n stitu tio n al m ayhem at council
Shootout sends soccer to N ationals
By T asha Emmerton
By T he M
The constitution of the Students Society of M cG ill U niversity may be invalid, according to a declaration made by the Chief R eturning O fficer at last T h u rsd ay ’s S tudents’ Society of M cGill University council meeting. The issue arose when the CRO, Paul B. Flicker, was asked to accept the Council’s referendum question regarding the amend ment of the SSMU constitution in order to allow the First Year Councilor a vote on council. The FYC currently sits ex-officio, that is, non-voting. At the m eeting on Thursday night Flicker surprised members of the SSMU council by both rejecting the referendum question and declaring that the current con stitution of the SSMU is not valid. Flicker presented a declaration stating, “In order to alter C ouncil, one m ust am end the C onstitution of the Society. The C hief Returning Officer notes that on its face the ‘current’ Constitution is invalid.” Article 23.3 of the SSMU constitution states that “The CRO shall ensure that refer endum questions are clear, concise, and do not violate this Constitution and By-laws (unless they are proposed amendments to
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In front of their largest and loudest crowd of the year at M olson Stadium , the M cGill Martlets successfully defended their QSSF soc cer title by defeating the Laval Rouge et Or 5-4 on penalty kicks on Friday night. The nation's second-ranked team will head to Waterloo for the Canadian University Athletics Union cham pionships next weekend. After a tense 120 minutes of play left the teams deadlocked in a 1-1 tie, McGill keeper Jessica W hite's stop to start o ff the shootout sequence proved to be the difference. "I’ve never stopped a penalty kick before; I just pictured doing it in my mind while she was setting it up," said an ecstatic White after the game. Laval defender Marie-Claude Dion drilled a hard shot to White's left, but the 17-year old Tennessee native dove accordingly and smacked the ball away with her left hand. A wounded Eva Melamed then hobbled to the penalty spot, and promptly booted a low shot past Laval keeper Melisande Blais, to give C o n tin u e d o n p a g e 21
this C onstitution or B y-law s).” Flicker believes that it is unclear which constitution is still in effect, as the new one may be invalid. Therefore, he cannot accept any ref erendum questions that seek to alter the SSMU constitution. “A question cannot be considered clear when the electorate does not know which constitution it is being asked to amend,” Flicker concluded. This decision poses an obvious impedi ment to the planned referendum, and if the analysis is correct, it has severe repercus sions on the validity of the SSMU. Flicker believes that the by-laws of the constitution that were enacted on May 1st of last year are problematic. They do not fulfdl constitutional requirements that would make them valid and, therefore, they along with the entire new constitution are rendered inoperative. One problem is that the by-laws were never translated into French as required in articles 37.1 and 39.6 of the constitution. The declaration also points to a technical error in reference to the numbering of the constitution as a possible justification for its invalidity. Despite these details, the decision of the CRO does not necessarily mean that the con stitution is invalid. Only the Judicial Board
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may officially invalidate the constitution. In light of the uncertainties, the SSMU council responded to the situation quickly. By the conclusion of the meeting they had set a mandate to appeal the CRO’s decision regarding the referendum to the J-Board. The decision was also made to contact legal counsel to defend the SSMU’s position. Until a hearing can be arranged, the affairs of the SSMU will continue to run under the assumption that the constitution is valid. Flicker stated that he "ha[s] continued to place ads in the Trib[une] and the other newspapers so that if I am indeed wrong no damage will be done and if the Judicial board disagrees with me, the question will go through as proposed." Law councilor Francois TanguayRenaud believes that it was not unforesee able that such an issue would arise. “I think it was in the understanding of council last year that they were leaving to the council of this year to take in charge the changes or to clarify to make the constitution adequate to fit the requirements that had been enacted,” Tanguay-Renaud said. “Now things haven’t been done. We’ve been pres suring them to do something. It hasn’t hapC o n tin u e d o n p a g e 3
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