Tribune The McGill
Published by the Tribune Publication Society Volume No. 31 Issue No. 16
Tuesday, January 31, 2012
Nov. 10 police report Almas Jiwani Editorials Time-wasting websites Marc Tessier-Lavigne Atwater Poetry Project Pack the House
2 4 7 12 13 14 17
MIKE BABCOCK, pages 10-11
SSMU suspends Judicial Board, citing legal concerns
SSMU President Maggie Knight abstained from voting on the decision to suspend J-Board. On Jan. 19 she disclosed potential conflicts of interest with the case. (Elisha Lerner / McGill Tribune)
By Carolina Millán Ronchetti News Editor Last Thursday, the SSMU Board of Directors (BoD) suspended the Judicial Board indefinitely due to legal issues arising from its current structure. The structure of the J-Board was reviewed by the Bylaw Committee Jan. 30, and the committee’s findings will be discussed in a meet-
ing of the BoD this Thursday, Feb. 2. On Jan. 30, the J-Board was scheduled to hear a case proposed by students Zach Newburgh and Brendan Steven on the constitutionality of the fall referenda. “We first went to talk to our lawyer about this case because [SSMU] had never had a case where a J-Board case had to determine whether a vote by members needed to be overturned or not,” VP Uni-
versity Affairs Emily Yee Clare explained to the Tribune. According to the SSMU Constitution, the J-Board is the highest authority in SSMU, capable of overturning any decision made by any other body within SSMU. However, under the Quebec Companies Act, the Board of Directors has to be the highest governing body in SSMU and nothing can limit the power of the BoD.
If the J-Board had ruled to overturn the student referendum, the decision would negate the role of the BoD as maximum authority and therefore violate Quebec law. Because the structure of J-Board was not revised in the SSMU Constitution since the BoD was instituted as the highest legal authority by law, its existence has also been illegal since then. Additionally, SSMU is bound
as a student union by the Quebec Accreditation Act. Under this act, every member of SSMU has the right to a binding and representative vote through referenda. Overturning the vote would also involve retroactively taking away students’ right to vote. By invalidating a vote, any student who had voted in the referendum could sue SSMU for not following its constitution or Quebec See “J-BOARD” on page 3