BC Supreme Court establishes precedent in KSA v. CFS-BC ruling

The B.C. Supreme Court ruled in favour of the Kwantlen Student Association Wednesday morning, putting an end to a two-year dispute over the Canadian Federation of Students-B.C. Component’s refusal to accept Derek Robertson, the student associations’s representative, on its board of directors.

Madame Justice Brown’s decision, stated that the CFS-BC board of directors was in violation of section 24 of the Society Act-BC and the CFS-BC’s own bylaws. The ruling set a precedent that bars societies in B.C. from applying provisions beyond those set in the Society Act-B.C. to determine qualification for appointment to a board of directors or membership of a society.

Brown awarded the KSA with Robertson’s appointment to the board of directors and legal costs associated with the court petition.

“We’re perplexed,” said Shamus Reid, chairperson for the CFS-BC. “The B.C. Society Act provides that directors of society are legally responsible for protecting the society from harm.”

Robertson, director of external affairs for the KSA and ex-officio representative for the CFS-BC, held office on the board of directors for the CFS-BC previous to a conflict of interest in February 2008, when he resigned to campaign to have the KSA leave the CFS.

Following a referendum, which reaffirmed Kwantlen students’ interest in remaining members of the CFS, Robertson’s nomination to rejoin the board of directors was not ratified by the CFS-BC.

“He intended to do damage to society in all comments. The only check against that is the ratification process,” said Reid.

Many other societies in B.C. have a dual ratification process, he added. “This ruling will have a profound negative consequence for societies all across B.C.”

Robertson said he is thrilled about the decision. “I’ve been quite discouraged by the fact that Kwantlen has been without a representative for almost two years. I have to keep in mind that I do now have obligations to both societies. I am there to represent the views of Kwantlen students and that’s exactly what I’m going to do.”

He admitted that he doubts Kwantlen students will notice any difference in benefits from their CFS membership. “A representative on the board of directors is simply a symbolic thing… The CFS will go on with business as usual.”

Reid is also concerned about whether Kwantlen students will see any improvement in the benefits they receive. He said Robertson has made it difficult for the CFS to be on campus but it will be a priority to ensure that members have access to services they are entitled to “regardless of whether the local leadership is being antagonistic.”

“I don’t like to speculate on the judge’s background and experience, but I certainly think that this ruling doesn’t show a familiarity with the societies system within B.C.,” he said. “Any court ruling that overturns the democratic rule of a majority ruling is not in the best interest of society so we don’t think that is an appropriate ruling to make.”

Robertson considered the court battle, which included screenshots of his membership in anti-CFS Facebook groups, “a hail Mary.” The KSA focused on the law in the Society Act regarding requirements for being a director of a society, he said.

“The CFS cannot prevent diverging views from the board of directors anymore, which I’m sure they’ve been doing.”

The CFS-BC is honouring the ruling but will be “evaluating our legal options,” said Reid, hinting at the possibility of an appeal.

“We accept that at this point Mr. Robertson is the director and we certainly expect that he will uphold his responsibilities, though I believe that he has shown inability to do that in the past,” he said.

Robertson’s current term as director of external affairs and ex-officio representative for the CFS-BC will end on March 31, 2010.

KSA v. CFS-BC won’t be resolved until January

Kwantlen students will be waiting over two more months for CFS representation.

The KSA v. CFS-BC court petition, which will decide whether Kwantlen’s elected ex-officio representative for the CFS-BC can join the executive committee, after the CFS-BC refused to ratify his nomination, has been bumped until January for administrative reasons.

The KSA has decided not to nominate another student to the CFS-BC executive committee.

The B.C. Supreme Court will resolve the issue in January on a date that is yet to be decided, while Kwantlen students, who voted to remain members of the CFS in 2008, continue to funnel $150,000 per year into the organization without receiving  representation.

For details on the lawsuit, see our original article.

KSA takes CFS-BC feud to B.C. Supreme Court

One-and-a-half years of bad blood between the Kwantlen Student Association and the Canadian Federation of Students, B.C. Component are about to culminate in a court battle set for Oct. 29 – 30.

The KSA filed a court petition with B.C. Supreme Court in June to settle a dispute over the CFS-BC’s refusal to ratify Kwantlen’s elected CFS-BC representative in May 2008.

“Now we find ourselves going to court, but I’m not sure why,” said Shamus Reid, chairperson for the CFS-BC.

The CFS-BC did not ratify the nomination to appoint Derek Robertson, Kwantlen’s elected director of external affairs and ex-officio representative for the CFS-BC, to the executive committee because of “actions that he took to deliberately undermine the CFS-BC,” said Reid.

“That individual was unfit as a director. The executive committee felt he couldn’t uphold his responsibilities as a director.”

The CFS-BC suggested, prior to court proceedings, that the KSA nominate a different individual to the executive committee. “The KSA has always had the opportunity to appoint another representative to the CFS,” said Reid.

Robertson said the KSA appealed to the courts for acknowledgement that the CFS-BC has no authority to disallow a member student body’s elected representative from joining the executive committee. Doing so would set a precedent avoiding future ratification disputes and would place Robertson on the committee.

“I’m not always just another CFS voice,” he said. “At times I have been very critical of the organization, and I feel that the organization could be doing a much better job.”

Robertson was a member of the CFS-BC executive committee until he resigned in February 2008 prior to a Kwantlen referendum on CFS membership. “I did not feel that I could be faithful to both organizations so I did the right thing and resigned,” he said.

After resigning, Robertson campaigned to convince students to vote against continued CFS membership. Reid said Robertson “was not forthright about his participation in a campaign to undermine the federation.” Documents that show Robertson joining anti-CFS Facebook groups before his resignation are under consideration by the B.C. Supreme Court. Following the referendum, which reaffirmed Kwantlen’s CFS membership, Robertson was re-elected and re-nominated as the CFS representative according to procedures guided by CFS bylaws but was not ratified by the executive committee, which is made up mostly by representatives from other B.C. post-secondary institutions.

The nomination and ratification processes are guided by provisions in the Societies Act and in CFS bylaws, which are being pitted against each other in the court case. While the Societies Act states that a director must act honestly and in a fitting manner, Desmond Rodenbour, general manager of the KSA, said this does not permit an organization to disqualify a person from a board of directors position if they believe someone does not have those qualities. A CFS bylaw states that the provincial executive representative shall be determined in a manner consistent with the bylaws of the local student association.

“The problem is that the CFS is somewhat secretive and chooses not to publicly post many of their internal documents,” said Rodenbour, a sentiment that Robertson shares.

“Frankly, it’s absurd for the CFS to climb in and say, ‘Well yes, there’s a process, but there’s also another process which we’re not gonna tell you about,’” said Robertson.

Rodenbour doesn’t want to elect another person to the position, calling it an issue of principle. “If they honestly believe they’ll work best only with people that they’ll agree with, they’re missing the point of democracy… If you only want one viewpoint, you can do that with one person.”

The court petition, filed during the university’s summer session, has not been revealed to students through public announcements from either organization. But Kwantlen students will be paying legal fees for both sides of the battle.

Rodenbour said legal fees could range from $10,000 to $25,000, “a very reasonable cost to have the petition resolved” when compared to the $150,000 turned over to the CFS every year.

Robertson agreed, saying, “The funny thing about this case is that Kwantlen students are being charged twice, because they’re getting charged once for legal fees with the KSA and they’re also being charged through membership dues to the CFS, which are going to this case.”

CFS membership benefits during the period without representation are questionable, according to Rodenbour, who likened the fight to the United States’ taxation without representation battle cry.

The CFS-BC is a liaison between B.C. post-secondary institutions and the government and lobbies for benefits including the reduction of tuition fees and student debt. “The CFS continues to work on issues that Kwantlen has identified as priorities,” said Reid. “Kwantlen students have given very clear direction that they want to work with other student unions all across Canada… I’m fairly mystified as to why the board of the KSA chose to [petition the court].”

Meanwhile, signatures are being collected at Kwantlen campuses to call for another referendum giving students the option to defederate from the CFS this April, when the required two-year period following CFS membership referendums has ended.