Tribune The McGill
Published by the Tribune Publication Society Volume No. 31 Issue No. 17
Tuesday, February 7, 2012
Asbestos GA editorial US elections Montreal microbrews Army ants Pinhole photography Redmen hockey
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Newburgh & Steven v. Tacoma (1 & 3)
Sparse attendance marks SSMU GA (see p. 3)
Motion regarding student-run cafe passes with overwhelming support. (Sam Reynolds / McGill Tribune)
J-Board hears case regarding referendum Newburgh & Steven v. Tacoma results will be released within 30 days Erica Friesen & Carolina Millán Ronchetti News Editors Last night, the SSMU Judicial Board (J-Board) heard a case submitted by former SSMU President Zach Newburgh and co-founder of the Prince Arthur Herald Brendan Steven, against respondent Rebecca Tacoma in her function as Chief Electoral Officer (CEO) of Elections SSMU. (Full disclosure: Newburgh sits on the Tribune Publication Society’s Board of Directors.) The petitioners requested that the results of the fall referendum question regarding QPIRG’s existence be invalidated, citing violations during the campaign period, the CEO’s alleged inability to fulfill her functions and
the unconstitutionality of the question posed by QPIRG. The case had been originally scheduled for Jan. 31 but was postponed for a week due to concerns that the structure of the J-Board conflicted with provincial laws. In the SSMU’s interpretation of provincial law, the Board of Directors will have to ratify the J-Board’s decision for it to be effective. The hearing opened with introductory statements by Newburgh and Steven’s advocate, Carmen Barbu, and Tacoma’s advocate, Gabriel Joshee-Arnal. The case then proceeded with the examination of witnesses by both parties. Barbu first examined former SSMU VP Finance Nicho-
las Drew, who analyzed a pie chart illustrating QPIRG’s finances. The chart showed that 11.74 per cent of QPIRG’s expenses are formed by opt-outs. When asked by Barbu if such an amount would constitute a threat to an organization’s existence, he said that, from his experience, over 50 per cent constituted a threat. Barbu also called Eliana Schwartz to the witness stand, who was on CKUT’s mailing list and received an email regarding QPIRG’s referendum question. “It struck me as inappropriate to use the listserv to [endorse QPIRG],” Schwartz said. Barbu then cross examined Newburgh, who said that he had sent emails to Tacoma which noted that
there had been over 70 campaign infractions. The grievances included the conflict of interest of SSMU Council members who participated in ‘yes’ campaigns, the unsanctioned support of external organizations, and the unsanctioned publication of endorsement letters by both the Tribune and the McGill Daily. “I expected that they would be considered, that each of the matters would be dealt with appropriately,” Newburgh said, referring to lengthy emails he sent to Tacoma that were not answered. During cross examination, Joshee-Arnal questioned why, if he had complaints during the referendum period, Newburgh had not appealed to the J-Board until after the
referendum results were released. “At no point did I ever consider [going to J-Board] until after the results,” Newburgh said. “There was no doubt in my mind [that the infractions would be addressed.]” After Newburgh’s testimony, Joshee-Arnal called the respondent’s first witness, Tacoma. She testified that Steven had initially contacted her about forming a ‘no’ committee for the fall referendum questions. Tacoma also explained the reason for not replying to Newburgh’s emails. “[This was a] very contentious referendum, I was receiving a lot of emails [and] couldn’t reply to all of them,” she said. “It would have See “J-Board” on page 3