Canadian Federation of Students - Membership Disputes - University of Guelph

University of Guelph

The Central Student Association representing undergraduate University of Guelph students submitted an injunction on February 16, 2010 against the CFS and its affiliates for denying the student association a decertification vote as a result of a dispute over the validity of a petition required to initiate decertification.

Without providing reasons for judgement, Justice O'Connor of the Ontario Superior Court of Justice ordered that a decertification vote be conducted and administrated by a referendum oversight committee (ROC) based on CFS bylaws (consisting of two representatives selected by the CFS and two representatives selected by the student association). Justice O'Connor modified the committee by appointing former Ontario Superior Court Justice James Chadwick as a fifth member of the committee to act as an independent third party to break deadlocks should the two parties disagree on administration of the vote.

The court-ordered decertification vote was conducted online in early April 2010. Guelph students allegedly voted 73.5% in favour of decertification in an online poll conducted by the university administration. On CFS and CFS-O appealed Justice O'Connor's decision and the matter was held on May 31, 2011. Unfortunately, the application Judge, Justice O'Connor failed to provide any reasons for his decision, meaning it was impossible to review the appeal. The Appeals Court Judges ordered the matter be heard by a different Judge.