UNIVERSITY

OF MANITOBA
<S-
I Graduate Students' Association
221 University Centre
University of Manitoba
Winnipeg MB, Canada R3T 2N2
Tel: 204-474-9181
Fax: 204-474-7560
email: gsa@umgsa.ca
What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
Research Progress Report by
Liz Gonsalves, UMGSA Researcher
Submitted on
October 12, 2012
For
The University of Manitoba Graduate Students' Association
At
The Meeting of the University of Manitoba Graduate Students'
Association Council on October 24, 2012
And
The Special General Meeting of the University of Manitoba Graduate
Students' Association on October 30, 2012
www.umgsa.ca
What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
Issue: This report will describe issues to be decided by the University of Manitoba
Graduate Students' Association (UMGSA):
First, it is not clear whether the UMGSA is a member of the Canadian Federation of
Students (CFS) and its affiliates, the Canadian Federation of Students - Services
(CFS-S) and the Canadian Federation of Students - Manitoba (CFS-MB). This issue is
important because if UMGSA is a member of CFS and its affiliates, then dues need to
be paid every year for membership. Currently the UMGSA is collecting membership
fees from the University of Manitoba graduate students but holding the money in
trust and not paying membership dues to the CFS. The reason for non-payment is
that it is very difficult to decide whether the UMGSA is actually a member of the CFS
based on all the complex rules governing membership.
Second, if the UMGSA decides that it wants to take the position that it is not or does
not want to be a member of CFS, then a decision needs to be made as to whether to
continue to collect membership dues from students and hold them in trust or ask
the University of Manitoba Board of Governors to stop collecting these dues. There
are two parts to this issue. The UMGSA needs to consider whether membership in
the CFS is beneficial for its graduate students. If the UMGSA decides that
membership in the CFS is beneficial, then a decision could be made to pay all
withheld membership fees to the CFS. If the UMGSA decides that membership in the
CFS is not beneficial for its graduate students, then the alternatives outlined below
need to be considered.
Third, there are three separate paths that might be taken if the UMGSA decides that
it is not or does not want to be a member of the CFS. It is expected that the CFS
would probably initiate a lawsuit to collect membership dues if the UMGSA
continues to withhold dues. The UMGSA might also decide to initiate its own
lawsuit to determine the issue, and it is expected that the CFS would probably
defend such a lawsuit. Finally, there is a procedure to withdraw as a member that
the UMGSA could pursue and it is noted that the procedure has rigorous
requirements that will be illustrated below.
Preamble: The investigation, performed in the fall of 2011, of an alleged monetary
loan from the CFS-MB uncovered documents between the UMGSA and the CFS that
highlighted a question in the validity of UMGSA membership within the CFSjCFS-S
and the CFS-MB. The following motions were carried by the UMGSA general
membership on February 2,2012 as a result of the above discovery and preliminary
research presented:
BIRT (i.e. tlBe it resolved that") the GSA membership approve and continue
the employment of a research assistant, (Elizabeth Gonsalves, MSc.), to
continue investigating the relationship between the Canadian Federation of
E. Gonsalves t C:s:
October 12, 2012
2
What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
Students and the University of Manitoba Graduate Students' Association until
such time that the membership status of the University of Manitoba Graduate
Students' Association as a member of the Canadian Federation of Students is
confirmed or denied by the legal counsel of the Association, the University of
Manitoba, and the Canadian Federation of Students.
BIRT the GSA membership hold in trust the CFS fees collected in the 2011-
2012 academic year until the membership status of the University of
Manitoba Graduate Students' Association as a member of the Canadian
Federation of Students is validated by the legal counsel of the Association,
the University of Manitoba, and the Canadian Federation of Students.
BIRT the GSA membership approve a request to the Board of Governors to
cease the collection of CFS fees until the membership status of the University
of Manitoba Graduate Students' Association as a member of the Canadian
Federation of Students is validated by the legal counsel of the Association,
the University of Manitoba, and the Canadian Federation of Students. I
Synopsis: The goal of the investigation is to determine if UMGSA is a valid member
of CFS, CFS-S and/or CFS-MB by examining information maintained in the UMGSA,
CFS-MB and CFS/CFS-S national offices, and other relevant sources (i.e. minutes of
the University of Manitoba Board of Governors, etc.), in consultation with legal
counsel. A review of the process(es) by which UMGSA became prospective and full
members of CFS follows. The following information regarding the prospective
membership is relatively more complete while further information regarding the
full membership process is currently under review. The options to be considered
by the membership at this time are outlined at the end of this synopsis (page
5). The questions established in the preliminary report to achieve an overall
resolution regarding membership and the information that has been examined
follow the conclusion/recommendation to provide more detail, as well as further
rough notes on information reviewed thus far.
Prospective Membership - The UMGSA Council voted in favour of applying for
prospective membership in the CFS on September 29, 1999. The application letter
was signed by Ed Janzen, UMGSA President 99/00. The prospective application was
approved by the general membership at the national meeting of the CFS, November
24 - 26, 1999. There is currently no evidence available that the prospective
application was approved by the CFS-MB membership.
A letter requesting an extension of prospective membership, dated May 16, 2000,
was signed by Krishna Lalbiharie as Director of Public Relations for UMGSA. Ana
Frias was actually the UMGSA Director of Public Relations at that time. Krishna
Lalbiharie appears to have been in the role of Chair/Executive Member At Large
during this period. The letter was included in the Opening Plenary Agenda of the
37
th
National Semi-Annual General Meeting (SAGM) of the CFS (May 18 - 21, 2000).
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October 12, 2012
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What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
Another letter of request to extend prospective membership, dated November 21,
2000, was signed by Amanda Jones, UMGSA President 00-02, and was included in
the Opening Plenary Agenda of the CFS 19
th
National Annual General Meeting(AGM)
(Nov 22-25, 2000).
There is no documentation to indicate that the UMGSA Executive or Council voted to
extend the prospective membership for either occasion.
There is a lack of information maintained in the CFS-MB offices for 1999-2000,
preventing a clear evaluation of whether or not the Bylaws of the CFS and the CFS-
MB were followed for the prospective membership to have been valid. Aside from
the scan of the prospective and full membership application letters received from
the national office via e-mail January 10, 2012, all requests (via e-mail, registered
mail and in person) for access to documentation pertaining to the UMGSA, that is
maintained in the national office, have received indirect and evasive responses, if
any at all, for nearly one year.
Full Membership - The referendum held by the UMGSA on January 23,24 and 25,
2001 resulted in 485 ballots with 389 votes in favour of membership, 94 in
opposition and 2 spoiled ballots. The results indicate a majority (80%) in favour of
full membership in the CFS, resulting in the eligibility of UMGSA to apply for full
membership. The UMGSA minutes indicate a hesitancy to apply for full membership
with the CFS until issues of autonomy and fee levy collection were addressed. Two
letters of application for full membership, dated May 5, 2001, were signed by Vinod
Varadharajan, UMGSA Treasurer, with the only difference being Itper Amanda Jones,
President" included in the signature line on one and not the other (both copies were
found in the files of the CFS-MB). Letters signed by Mr. Varadharajan to the UMGSA
Council and the CFS Chair, Ian Boyko, both dated June 4, 2001, describe a situation
where he signed the full membership application letter after 'whiting out' Itper
Amanda Jones, President" due to feeling pressured to sign the letter and believing he
was not placing the UMGSA in a binding contract of full membership by doing so.
Throughout Ms. Jones' remaining terms of office in the UMGSA (2000-2002), there
was communication between the UMGSA and the CFS consistently disputing the
membership status of the UMGSA in the CFS, with the UMGSA's position being that
they were not full members.
Full membership does not appear to have been contingent upon prospective
membership according to the governing documents of the organizations available
for the time in question.
A video taken while examining files pertaining to the UMGSA maintained in the CFS-
MB offices demonstrates questionable practices in the origin and validity of
documents and representation on behalf of local student associations.
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October 12, 2012
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What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
Conclusion/Recommendation: The contradictory and incomplete nature of
information at this time provides a completely non-definitive answer to the
question of the UMGSA membership in the CFS/CFS-S and the CFS-MB.
The membership of the UMGSA has several options to consider in deciding on the
question of membership in the CFS/CFS-S and the CFS-MB.
1. Decide that the UMGSA is a full member of the CFS/CFS-S and the CFS-MB.
This may include a) assigning all fees collected in trust to be remitted to the
CFS/CFS-S and the CFS-MB and to continue collecting and remitting these
fees from the UMGSA students, and/or b) pursuing decertification from the
CFS/CFS-S and the CFS-MB.
2. Decide that the UMGSA is not a member of the CFS/CFS-S and the CFS-MB .
. This may include a) continuing to collect and hold the fees in trust (for any
length of time), or b) requesting that the University of Manitoba Board of
Governors discontinue collecting those fees from graduate students (which
may lead to a decision about what to do with the current funds sitting in trust
and/or a decision on when this issue should be reconsidered by the
membership)
3. Seek the decision from an external authority (i.e. in court) to declare whether
or not the UMGSA is a member of the CFS. This may include a) continuing to
collect and hold the fees in trust (for any length of time), or b) requesting
that the University of Manitoba Board of Governors discontinue collecting
those fees from graduate students (which may lead to a decision about what
to do with the current funds sitting in trust and/ or a decision on when this
issue should be reconsidered by the membership).
4. Continue with the mandate of the last UMGSA general meeting to continue
research and attempt to acquire relevant information in pursuit of an
agreement on the question of membership between the legal counsels of the
University of Manitoba, the UMGSA and the CFS/CFS-S and the CFS-MB. This
may include a) continuing to collect and hold the fees in trust (for any length
of time), or b) requesting that the University of Manitoba Board of Governors
discontinue collecting those fees from graduate students (which may lead to
a decision about what to do with the current funds sitting in trust and/or a
decision on when this issue should be reconsidered by the membership).
It should be noted that the decision to request that the University of Manitoba Board
of Governors (UMBG) cease the collection of membership dues on behalf of the CFS
was carried at the last AGM of the UMGSA (3
rd
motion listed above). The UMGSA
was unable to have the motion heard at the UMBG because of a misunderstanding
among relevant members of the University of Manitoba Students' Union (UMSU),
regarding the role of UMSU in permitting the will of the UMGSA membership to be
heard at the UMBG, via the UMSU Act and the UMGSA's recent autonomy. Recent
discussions with the University of Manitoba's Office of Fair Practice and Legal
Affairs have indicated that this issue should be less likely to reoccur at this time.
E. Gonsalves
October 12, 2012
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What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
The following is taken from the current Bylaws of the CFS and should be considered
with regards to option 1.b).
BYLA W I -MEMBERSHIP
3. Membership Rights and Responsibilities
a. Rights of Individual Members
i. The individual members of the Federation collectively belonging to a member local
association will have sole authority to make decisions through a vote on all questions of
membership in the Federation, subject to the other provisions of this Bylaw.
ii. The individual members of the Federation collectively belonging to a member local
association will have sole authority to initiate, by petition signed by not less than ten
percent (10%) of the individual members and delivered to the National Executive, a vote
to certify as described in Article 4 of this Bylaw.
iii. The individual members of the Federation collectively belonging to a member local
association will have sole authority to initiate a vote on decertification, as described in
Section 6 of this Bylaw, by submitting to the National Executive of the Federation a
petition, signed by not less than twenty percent (20%) of the individual members of the
association, calling for the vote.
6. Vote to Decertify
The individual members of the Federation belonging to a member local association may vote on
the question of continuing their membership, subject to the following rules and procedures:
a. Petition
As per Bylaw I, Section 3.a.iii a petition calling for a vote on decertification shall be signed by
no less than twenty percent (20%) of the individual members of the member local association
and delivered to the National Executive of the Federation.
The petition shall be worded as follows: "We, the undersigned, petition the National Executive
of the Canadian Federation of Students to conduct a referendum on the issue of continued
membership in the Canadian Federation of Students."
The original, unaltered petition must be delivered in its entirety to the National Chairperson,
National Deputy Chairperson or National Treasurer, by registered mail. Petitions received that
are not original copies, have been altered in any manner, or have been received by any
means other than registered mail are not valid.
The petition may not contain any words or images, with the exception of those required by
Bylaw 1.a and those required to indicate which fields a signatory must complete.
In order to be considered valid, a name on a petition must be reasonably legible, include the
proper full name, be accompanied by a valid and corresponding student identification number,
and a unique signature.
An individual member may request that her name be removed from a petition. If the National
Executive receives such a request in writing, before the conclusion of the verification process
of the petition, the name must be struck from the petition. The name shall not be included in
the total number of names on the petition.
b. Schedule
i. The National Executive will have the sole authority to determine whether the petition
described in Bylaw I, Section 6. a is in order. Within 90 days of receipt of the petition, the
National Executive will review the petition to determine if it is in order and, if it is, in
consultation with the member local, will schedule a vote. The National Executive will
endeavour to schedule the referendum between 60 days and 90 days following its
determination that the petition is in order. The scheduling of the referendum shall be
subject to the following conditions:
-there shall be no fewer than two (2) and no greater than five (5) days of voting; and
-there shall be no less than seven (7) days and no greater than 21 days for campaigning,
during which classes are in session, immediately preceding and during voting.
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October 12, 2012
6
What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
ii. No vote on decertification may be held between:
- April 15 and September 15; and
- December 15 and January 15.
iii. There shall be no more than two (2) votes on decertification in any three-month period.
iv. No vote on decertification shall take place without compliance with Sections 6.b.i, 6.b.ii and 6.b.iii.
h. Quorum
Quorum for any vote on decertification shall be that of the member local association or ten percent
(10%) of the individual members of the local association whichever is higher.
j. Advance Remittance of Outstanding Membership Fees
In addition to required compliance with Sections 6a. to i. and k. to I, in order for a vote on
decertification to proceed, a member local association must remit all outstanding Federation
membership fees not less than six (6) weeks prior to the first day of voting.
k. Minimum Period Between Votes on Decertification
In addition to required compliance with Sections 6 a. to 6 j. and 61., in order for a vote on
decertification to take place, no vote on decertification may have been held within the previous sixty
(60) months for voting members comprised of un iversity students and thirty-six (36) months for
voting members comprised of college students, unless waived, by a two-thirds (2j3rds) majority vote
of the National Executive.
Additionally, the following provides a brief overview of information for a cost-
benefit analysis in aid of the above options to be considered.
What does the CFS offer its members?
From the website of the CFS the
overview states that the CFS provides students with an effective and united voice ...
lito be truly effective in representing their collective interests to the federal and
provincial governments, it was vital to unite under one banner." Citing that there is
strength in numbers the CFS-S lIenables students' unions to collectively pool their
resources to provide student owned and operated services such as Travel CUTS, the
International Student Identity Card, the Studentsaver Card, Homes4students.ca, the
Student Work Abroad Program (SWAP), and the National Student Health Network."
The site also states that all decisions on policies, direction and priorities are
democratically made by the students' unions. The campaigns and lobbying efforts
listed are Tuition Fees and Funding, Income-Contingent Loan Repayment, Research
and Graduate Funding, Registered Education Savings Plans, Student Loan
Bankruptcy, Private Universities and Colleges, International Trade in Services,
Aboriginal Education, Date Rape: No Means No, Copyright, and an open letter
demanding a public inquiry into the actions and power of Toronto G20 police and
security.
What does the CFS charge its members?
The CFS bylaws decree in Bylaw 1.2.a.ix. that the IImembership fees described in
Bylaw I, Articles 2-a-vi and 2-a-vii, shall be adjusted each academic year by the rate
of change in the Canadian Consumer Price Index during the previous calendar year."
The UMGSA does not have any regulations regarding pro-rating fees for part-time
students. Therefore full and part-time students are all assessed the same CFS
membership dues each year in their fee structure through the University of
Manitoba.
E. Gonsalves L -
October 12, 2012
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What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
The total fees that were paid per year since 2008-2009 are (as calculated by the
UMSU for the UMGSA):
08/09 - $39,302.11
09/10 - $40,757.77
10/11 - $42,584.88
For the 2011-2012 academic term, the UMGSA fees began being remitted directly
from the University to the UMGSA without being routed through the UMSU first (as
has always been the practice in view of the UMSU Act and an absence of autonomy
for the UMGSA). A calculation based on the total monies received and the fee
assessment breakdown (including $13.60/student/year for the CFS/CFS-S and the
CFS-MB) indicates that the total membership dues held in trust by the UMGSA for
2011-2012 are approximately $44,575.58.
The most recent letter received (April 4, 2012) by the UMGSA, dated March 15,
2012, from the CFS (via Toby Whitfield, CFS Treasurer 11/12) regarding
membership fees states:
"- the fee per individual member for the 2012-13 academic year will be as follows:
CFS membership fee $3.15 per semester
CFS-Services' membership fee $1.05 per semester
CFS provincial membership fee (Manitoba) $2.8QJ2er semester
Total Federation Membership Fee $7.00 per semester"
A very rough estimate of 3200 graduate students at $14.00/student/year (summer
semester is not considered for the CFS fee levies) for 2012-2013 would equate to
approximately $44,800 in membership dues to the CFS for the current academic
term.
What Benefits to the UMGSA students see/use?
This report is not intended to provide a statistical analysis to calculate the
correlation between the variables of the existence and/or activities and campaigns
of the CFS and its affiliates at federal and provincial levels to any adjacent actions
and/or policies at any level of Canadian government. Many members of the UMGSA
should already be aware that a correlation between two variables does not
necessarily imply that one causes the other (i.e. I may be standing next to the freezer
when water becomes ice but this does not necessarily mean I must be standing next
to the freezer in order for water to enter its solid state). Therefore it is fruitless to
argue the successes or failures of the campaigns and lobbying efforts of the CFS.
The UMGSA has previously taken part in purchasing items for orientation through
the bulk purchasing service offered by CFS. This has mainly been for producing the
student day planners. The UMGSA has ceased employing these services due to
quality dissatisfaction expressed by members, as well as discussion at the last
UMGSA AGM around halting such participation while investigating the relationship
question.
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October 12, 2012
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What is the Relat ionship between CFS/CFS-S/CFS-MB and UMGSA?
Travel CUTS maintains an office in the University Centre on the Fort Garry campus.
It is a separate business from the UMGSA and we do not have the ability to
determine how often or if graduate students employ its services. One does not need
to be a student to book travel through Travel CUTs.
The Studentsaver card is a national discount card that is available to both full and
part-time students. The UMGSA is unable to determine how often or if this card has
benefitted graduate student members in the past.
The SWAP program allows students to live and work in a host of eleven countries
outside of Canada. The participants pay a registration fee and receive support from
staff in Canada and abroad. This is another service that the UMGSA is not able to
monitor for benefit among graduate students, as is Homes4students.ca.
The CFS and UFile ONLINE have joined together to offer free online tax filing for all
Canadian post-secondary students through Ufile.ca. The current mechanism by .
which an individual acquires the access code at http://www.drtax.ca/en/UFile/tips-
and-tools!UFilefreefiling.aspx permits any student, whether CFS affiliated, or not to
use this service.
The International Student Identity Card (ISIC) provides international discounts to
those who carry it including booking flights with WestJet, stays at Motel6 and online
purchases of Microsoft Software. This card is available at no extra charge to full-
time students that are members of a local association of the CFS. The cost of the
card for full-time university, college and high school students, 12 years of age or
older, who are not members of a local association that is a member of the CFS is
$20.00. The UMGSA has ceased administering this card in light of the current
question of membership. Since 2008, records of distribution maintained in the
UMGSA office indicate that the highest level of ISIC distribution through the UMGSA
office (the card can also be acquired through Travel CUTS) was in the 2010-2011
academic term with 308 cards. This is equivalent to $6160.00 at $20.00/card. In
10/11 the CFS membership fee was $13.34/student (saving $6.66/card).
Considering 3192 graduate students (based on the membership dues submitted as
per the UMSU calculations), nearly 100/0 is the highest record the UMGSA office has
of graduate students taking advantage of this service. Because there is no pro-rated
fee structure in place, part-time members of the UMGSA are paying the same
membership dues to the CFS as full-time students though they are ineligible for the
ISle.
The current Extended Health and Dental coverage that graduate students pay
premiums for as part of their fees (separate from the CFS membership dues) is
offered through GreenShield. The agreement with GreenShield was negotiated
through the National Student Health Network of the CFS. The plan details are
determined through the Health and Dental committee of the UMSU. The UMGSA
executive and staff members sit on this committee.
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October 12, 2012
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What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
Students' Union Directory and Website Service are also services available through
membership in the CFS. The directory contains the contact information for several
Canadian students' unions, campus organizations and campus media outlets. One
copy is provided at no additional cost to each member local. The experience of the
UMGSA has been that receipt of each directory is quite late so that it tends to be
current for only a few months. The UMGSA is dissatisfied with the website and e-
mail hosting through the CFS, particularly with the number of times the e-mail
server has been down since the beginning of this term of office. The inconvenience
has resulted in as much as one full day of no e-mail service, hindering
communication with the UMGSA membership and administrative bodies. The
UMGSA is finalizing its plans to host its own e-mail and website.
Guiding Questions: In the preliminary report provided to the UMGSA membership
on February 2, 2012, the following questions were established to help determine if
the UMGSA is a member of the CFSjCFS-S and the CFS-MB.
1. When did UMGSA allegedly become prospective members of the CFS,
CFS-S andj or the CFS-MB?
November (24),1999
The UMGSA Council voted in favour of prospective membership during the
meeting on September 29, 1999.
There is no documentation to illustrate any CFS-MB activity (no minutes of
Board or General meetings, etc.) during 1999 available in either the UMGSA or
CFS-MB offices.
An undated letter from Ed Janzen, UMGSA president, to CFS stated that the
motion was {(carried by an overwhelming majority at the Council Meeting of
Wednesday, September 29,1999:
Be it resolved that the University of Manitoba Graduate Students' Association
apply for prospective membership in the Canadian Federation of Students, with
all the rights, benefits and responsibilities appertaining thereto."
At the 18
th
National AGM of CFS in Ottawa (November 24 - 28, 1999) the
membership approved prospective membership for the UMGSA.
The CFS-MB General Meeting Minutes of November 18, 2000 list the UMGSA, via
Amanda Jones, in attendance as prospective members. A close camera
discussion regarding the UMGSA referendum is noted with no outcome
documented. The minutes indicate that there were CFS-MB general meetings on
April 18, 2000 and April 30, 2000, in that there were minutes to be approved.
There are no minutes of the April 18, 2000 meeting in either the UMGSA or the
CFS-MB offices. The minutes of the CFS-MB general meeting on April 30, 2000
are stored on the CFS-MB server but appear to be currently inaccessible due to a
technology issue.
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October 12, 2012
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What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
Krishna Lalbiharie, UMGSA Director of Public Relations, signed a letter on behalf
of Amanda Jones, UMGSA President, to Michael Conlon, CFS Chair, on May 16,
2000, to request an extension of prospective membership. Minutes of the
meeting of the UMGSA Council on May 31, 2000 indicate that the membership
referendum will take place in October 2000.
Amanda Jones, UMGSA President, writes to Michael Conlon, CFS Chair, on
November 21, 2000, to request an extension of prospective membership.
2. When did UMGSA allegedly become full members of CFS, CFS-S and/or
CFS-MB?
May (9), 2001
A referendum was held by the UMGSA on January 23-25, 2001. 485 UMGSA
members (--18% of eligible voters) voted with the following results:
389 in favour
94 opposed
2 spoiled ballot s
Application letters for full membership, dated May 5,2001 were signed by Vinod
Varadharajan, UMGS Treasurer 00/02. The full membership status was accepted
by the membership of the CFS-MB on May 5,2001. The full membership status
was accepted by the membership at the 39
th
Semi-AGM of CFS on May 9-12,
2001.
3. What were the Bylaws of the organizations at the time of prospective
and full membership with regards to said membership (i.e. What is the
process?)?
Relevant sections have been copied from each organization's bylaws (the
bylaws of the UMGSA in effect during 2000 - 2001 have not been found to
date, it is unclear if they may have been the same as those amended April
28,1999):
PROSPECTIVE MEMBERSHIP
CFS
The CFS By-laws as sanctioned by the membership at the national general
meeting in May 1999 define ttA local student association will be taken for all
purposes of the By-laws to mean an organization of students which satisfies the .
following criteria:
it is locally and democratically-controlled;
it is autonomous from other organizations;
it represents students at only one post-secondary institution.
or, the graduate students belonging to an organization that fulfills these criteria
and is comprised of both graduate and undergraduate members, not belonging
to the Federation, provided that the graduate students have an identifiable
infrastructure and a legal structure enabling it to enter into contracts."
Bylaw I - Membership
2. b. Prospective Membership
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October 12, 2012
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What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
General Description: Prospective membership is a trial membership of limited
duration. i) A local student association is eligible to apply for prospective
membership in the Federation if it has passed a motion in its student council to
apply for prospective membership in the Federation and its applicable
provincial component. A local association's application for prospective
membership, once accepted by the Federation, shall constitute a binding
contract for sections iii), v) and vii).
iii) A full membership referendum must be held by the student
association before the end of the term of office of the Executive that was in office
when prospective membership was granted. In the event that the referendum
fails, prospective membership would be terminated.
ix) Prospective membership may be extended based on the individual
merit of the association's case, irrespective of precedent, by a two-thirds
majority vote of plenary.
4. d. The ratification of full or prospective membership will not take effect until
such membership application has also been ratified by the Federation
Provincial Component in which the local student association is eligible for
membership.
CFS-MB
CFS-MB Constitution, Bylaws, Standing Resolutions and Policies as amended on
April 18, 1999 define the CFS-MB as lIa chartered provincial component of the
Canadian Federation of Students", and state that IIA local student association
shall be taken for all purposes to mean an organisation of students which
satisfies the following criteria:
it is locally and democratically controlled;
it is autonomous from other organisations;
it is incorporated;
it represents students at only one post-secondary institution; and
it is campus-wide, Le. the breadth of its membership, of its normal activities,
and of its representative efforts correspond to the highest administrative
student organization of its institution, notwithstanding that there may be
separate graduate, undergraduate, or part-time student organisations from
the institution.
Bylaw II - Membership
2.2 Prospective Membership
General Description: Prospective membership is a membership of limited
duration and entails prospective membership in the chartering organization,
Canadian Federation of Students.
a) A local student association in Manitoba is eligible to apply for prospective
membership only if its board of directors or membership has approved
prospective membership in the preceding nine (9) months.
b) Prospective membership status becomes effective at such time as it is
approved by:
L the Manitoba Component General Meeting of the Federation; or
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What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
ii. the national General Meeting of the Federation though a ratification vote
must be conducted within the succeeding nine (9) months by a Manitoba
Component General Meeting or vote by mail as per Bylaw XVII
d) A local students' association which applies for and is granted prospective
membership status shall conduct a full membership referendum within one (1) year
following the granting of their prospective membership.
f) There shall be a two (2) year waiting period between the expiration of
prospective membership status before a subsequent prospective membership
application will be accepted, unless waived by a two-thirds (2/3) vote by a Manitoba
Component General Meeting.
2.3 Application for Full and Prospective Membership
b. There shall be a vote of the member local associations of the Manitoba
Component by mail or at the next General Meeting on the question of approving a
recommendation of the Executive regarding an application for membership. A
majority of a least two-thirds shall be required to accept the application.
2.6 Binding Contract
a. A member local association's application form, once accepted by the plenary of
the Manitoba Component, shall constitute a binding contract to pay Federation
membership fees in each fiscal year.
UMGSA
The Constitution and By-Laws of the University of Manitoba Graduate Students'
Association as of April 28, 1999 Article V 1. includes in the Duties of the
Executive e) The Executive must respect the fiscal constraints in the budget as
approved by Council, and f) Inthe event that a budget for the current fiscal year
is not approved by council, the Executive must respect the fiscal constraints in
the budget approved by council in the previous year, until a new budget is
passed.
Article V 2. includes in the Duties of the President that a) The President shall be
the official representative of the Association, and e) The President or his/her
designated alternate shall serve as the official representative of the Association
in external matters pertaining to the relationship of the Association with other
graduate and university student associations.
FULL MEMBERSHIP
CFS
The CFS By-laws as sanctioned by the membership at the national general
meeting in May 2000 (there appear to have been no Bylaw amendments in
November 2000) were the governing documents at the time UMGSA held a
referendum on the question of membership in the CFS.
Bylaw I - Membership
2. a. Full Membership
General Description: Full membership is the standard form of membership in the
Federation. i. A local association is eligible to apply for full membership in the
Federation if its members have approved by referendum membership in the
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Federation, the Canadian Federation of Students, and the applicable provincial
component;
Bylaw I - Membership
3. a. Rights of Individual Members i. The individual members of the Federation
collectively belonging to a member local association will have sole authority to
make decisions through referendum on all questions of membership in the
Federation, subject to the other provisions of this Bylaw.
ii. The individual members of the Federation collectively belonging to a member
local association will have sole authority to initiate, by petition signed by not less
than ten percent (10%) of the individual members and delivered to the National
Executive, a referendum to federate as described in Article 5 of this Bylaw.
4. Application for Membership a. A written application for membership
submitted by an eligible local student association will be considered as a binding
contract to accept the rights and responsibilities of membership.
b. Within 90 days of receipt by the National
Executive of a written application for membership, the National Executive will
examine the application to see whether it is in order, and will make a
recommendation to the voting members of the Federation concerning the
application.
c. At the next general meeting of the Federation,
the ratification of the membership application must be put to a vote. A majority
of at least two-thirds of the votes cast is required to ratify the membership.
d. The ratification of full or prospective
membership will not take effect until such membership application has also
been ratified by the Federation Provincial Component in which the local student
association is eligible for membership.
5. Vote to Federate
The individual members of a prospective students' association may vote on
become (sic) full members of the Federation, subject to the following rules and
procedures: a. Notice - Notice of vote to become full members must be delivered
by registered mail to the head office of the Federation no less than one (1)
month prior to the start of the voting.
CFS-MB
The CFS-MB Constitution, Bylaws, Standing Resolutions and Policies as amended
on April 18, 1999 were in effect until amended May 5, 2001.
Bylaw II - Membership
2.1 Full Membership
General Description - Full membership is a membership of unlimited duration,
and entails membership in the chartering organization, Canadian Federation of
Students. b. A local students' association in Manitoba is eligible to apply for full
membership only if its members have approved full membership in a
referendum held within the preceding nine (9) months. The referendum must
have included approval of a membership fee totaling the Manitoba Component
fee and the national fee( s) of the Canadian Federation of Students.
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c. Quorum for a referendum to join the Federation shall be five per
cent (50/0) of the individual members of the local association.
d. The official wording for a referendum on certification shall only
include the following: i. liDo you wish to become a member of the Canadian
Federation of Students?"; and
ii. such other wording as decided by the Provincial
Executive.
e. Full membership status becomes effective at such time as it is
approved by: i. a Manitoba Component General Meeting of the Federation; or
ii. the national plenary of the Canadian Federation of Students,
though a ratification vote must be conducted within the succeeding nine (9)
months by a Manitoba Component plenary or vote by mail as per Bylaw XVII.
5. Were all Bylaws and requirements of all organizations adhered to in the
membership processes? (i.e. Was due process followed?)
This is debatable and unclear based on documentation that has been
reviewed thus far.
6. What documentation exists as evidence for the above?
Copies and/or originals of e-mail communications, letters, reports,
meeting minutes, publications, etc., have been and continue to be acquired
from the UMGSA archives, those maintained in the CFS-MB office, and
online sources and are being examined.
The minutes of the UMGSA Council meeting on September 29, 1999, indicate a
motion to IItake out prospective membership" was made, seconded and
discussed with the results of the vote being favourable with one (1) opposition
and one (1) abstention. The language of the actual motion is not available.
An undated letter from Ed Janzen to Michael Conlon on UMGSA letter head is
included in the Opening Plenary agenda of the CFS 18
th
National AGM
(November 24 - 28, 1999). The minutes of that meeting indicate that UMGSA
was not present or accounted for in the attendance. The motion to approve
prospective membership is as follows:
1999/11:007 MOTION
Local 75/Local 07
Be it resolved that the University of Manitoba Graduate Students' Association's application
for prospective membership be accepted (Appendix 5).
CARRIED UNANIMOUSLY
No minutes or other documentation has been found to date that indicates the
acceptance of UMGSA's prospective membership within the provincial
component, either before or nine (9) months after the ratification at the national
meeting.
Krishna Lalbiharie signs a letter dated May 16, 2000, with the title of Director of
Public Relations as per Amanda Jones. The letter requested an extension of
prospective membership and was included in the Opening Plenary Agenda of the
37
th
National Semi-AGM of CFS (May 18 - 21, 2000). The minutes of the UMGSA
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Council meeting on March 29, 2000, indicate that Ana Frias was appointed as
Director of Public Relations (beginning May 1, 2000). Krishna Lalbiharie is
noted in the attendance of the UMGSA Council meeting on May 31,2000 as
IIChair" and as "Executive Member At Large" in the attendance of the UMGSA
meeting on September 2, 2000. The minutes of the 37
th
National SAGM of the
CFS (May 18 - 21, 2000) have not be acquired to date.
The minutes of the UMGSA AGM meeting on October 27,1999, include a record
of a presentation made by Joel Oliphant, retained by the UMGSA to research
UMGSA becoming incorporated and autonomous from the UMSU. It indicates
that because GSA is unincorporated it is not constituted as a legal person and is
therefore precluded from entering agreements. The minutes also explain that
the UMSU allocates 1/3 of all graduate student organization fees to GSA and that
incorporation requires University of Manitoba Board of Governors approval.
The membership unanimously approve pursuing incorporation under the
Corporations Act noting that contracts outside of incorporation have
questionable legal status and that individuals would find themselves personally
liable for having signed contracts on behalf of UMGSA.
The report from the Director of Public Relations, Krishna Lalbiharie, to the
UMGSA Council meeting on February 23, 2000 indicates that there was a
suspension of the CFS membership referendum to October as per Elizabeth
Carlyle, CFS Deputy National Chairperson, because of time constraints of both
organizations.
The minutes of the UMGSA Council meeting on March 29, 2000 document that
motions were carried to appoint Barbara Mah as Social Director, Ana Frias as
DPR and Ed Janzen, Bill Ewenchuck and Lloyd Lawrence as UMSU Reps for
00/01 term.
The minutes of the UMGSA AGM (March 2000?) document that a motion to
reaffirm pursuit of GSA autonomy was carried
A letter from Amanda Jones, UMGSA president, dated November 21, 2000,
requesting an extension of prospective membership was included in the Opening
Plenary Agenda of the 19
th
National AGM of the CFS (Nov 22 - 25, 2000). The
minutes of the 19
th
National AGM of the CFS (November 22 - 25, 2000) have not
been acquired to date. The minutes of the UMGSA Council meeting from October
18, 2000 indicate intent to have full membership in CFS after an autonomy
campaign.
Review of the minutes of the UMGSA Council and General Membership meetings
from October 1999 to December 2000 does not convey any motions regarding
membership extension. Documented discussions regarding the CFS from the
UMGSA meeting minutes suggest that the UMGSA is a prospective member of
CFS (ongoing), but no discussion regarding extension of that membership.
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The minutes of the Referendum Rules Committee on January 25, 2001 indicate
that Elizabeth Carlyle (CFS), Michael Conlon (CFS), and Paul Zita (UMGSA) were
in attendance (Amanda Jones sent regrets). The final vote count for four (4)
polling stations is documented and the overall results are "389 YES votes, 94 NO
votes and 2 spoiled ballots".
The President's Report (Amanda Jones) to the UMGSA Council meeting on
February 21,2001 notes an upcoming meeting with the University of Manitoba
Secretary to "review the procedure to pass the CFS fee collection through the
BoG."
The minutes of the UMGSA Council meeting on March 28, 2001 document the
following oral report from the President, Amanda Jones:
"Last meeting there was some contention in terms of the CFS membership fees in
terms of getting them passed through UMSU Council. UMSU Council denied our
forwarding a motion to UMSU Council so we have to directly to the BoG now.
We'll be making that submission in mid-April. Hopefully, the subcommittee of
the BoG will approve forwarding our motion onto the BoG agenda for April 24th.
So hopefully we'll be full members of CFS by September."
The minutes of the CFS-MB Board meeting on May 5,2001, contain the
following:
ii. Application for Full Membership
From January 23-25, 2001, the members of the University of Manitoba Graduate Students'
Association, prospective member of the Federation, voted 80.5% in favour of joining the
Canadian Federation of Students. Bylaws 2.1, 2.2 and 2.3 outline the process for applying for full
membership. At this time, the meeting shall consider the application for full membership.
TABLED until Vinod returns.
2:06 pm
Vinod presented a letter of application for full membership. The letter was found to be in order.
Tutthili/M. Carlyle
BIRT the UMGSA's application for full membership be recommended to plenary for ratification.
Carried unanimously.
The minutes of the CFS-MB Special General Meeting on May 5,2001, contain the
following:
6. Approval of Full Membership
Moved Local 8/Seconded Local 37
Be it resolved that the letter of application of the University of Manitoba Graduate Students'
Association for full membership in the Canadian Federation of Students be accepted.
Carried
The minutes of the CFS 39
th
SAGM (May 9-12,2001) contain the following
motion:
2001105:005 MOTION
Local 08/Local 44
Be it resolved that the members of the University of Manitoba Graduate Students'
Association's be accepted as full members of the Federation.
CARRIED UNANIMOUSLY
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The report that Ed Janzen, delegate attending the CFS AGM (May 9 - 12, 2001),
provided to UMGSA states IIFull Federation membership for the U of M GSA was
ratified, pending receipt of a letter from our Executive."
There are copies of two identical letters of application for full membership, dated
May 5,2001, signed by Vinod Varadharajan, Treasurer. One letter has an additional
signature line reading IIper Amanda Jones, President".
An unsigned letter, dated May 17, 2001, to Elizabeth Carlyle is indicated to be from
Amanda Jones, President. The letter states that Ed Janzen, the individual who
attended the CFS 39
th
National SAGM (May 9 - 12, 2001), was not authorized by
UMGSA to apply for full membership in the CFS on the behalf of the UMGSA, and
acknowledges the fee waiver offered by the CFS to the UMGSA indicating that the
UMGSA has concerns and that full membership is still pending.
There are two letters dated June 4,2001 and signed by Vinod Varadharajan,
Treasurer. One letter provides an explanation to the UMGSA Council regarding the
reason for signing the full membership application letter without IIper Amanda
Jones, President" on it and stating that he never signed the letter that included IIper
Amanda Jones, President" in the signature line. The second letter provides a similar
argument to Ian Boyko, CFS Chair, and requests an explanation of how the CFS came
to be in possession of the latter.
A letter, dated July 30, 2001, signed by Amanda Jones, President, is in response to a
letter from Ian Boyko, CFS Chair, from July 16,2001 defending that the UMGSA is
not a member (full or prospective) of the CFS and providing a reminder of the
investigation requested regarding the two full membership application letters
signed by Vinod Varadharajan.
A letter, dated October 15, 2001, signed by Amanda Jones, President, and Paul Zita,
Vice President, defends to Ian Boyko, CFS Chair, that liThe Graduate Students'
Association at the University of Manitoba is not a member of the Canadian
Federation of Students."
A copy of an e-mail communication from Amanda Jones to Elizabeth Carlyle states
that the issues around the dispute of the UMGSA not being a member of the CFS
need to be cleared up before the CFS issues ISICs to the UMGSA students. The
communication also indicates that the CFS has not accepted the offer to discuss
these issues.
The UMGSA Articles of Incorporation are maintained at the Companies Office in
Winnipeg, Manitoba. The date of incorporation of the UMGSA is July 3, 2001.
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The minutes of the meeting of the University of Manitoba Board of Governors on
June 21, 2011 include the following:
8.2 GSA Autonomy
Items 8.2 a, 8.2 b, and 8.2 c were considered as one.
a) Amendment to the Student Organization Bylaw
b) Exemption of Graduate Students' Association Members from UMSU
c) GSA Membership Fees
Mr. Nawrot explained that this motion was long overdue and was the result of a great
deal of work. He added that the fees would remain the same for the students, but that it
would be beneficial to have their own voice.
It was moved by Mr. Nawrot and seconded by Dr. Embree:
THAT the Board of Governors approve the amendments to section 1 and 4 and the
addition of section 14 to the Student Organization Bylaw.
That all students registered in the Faculty of Graduate Studies at the University of
Manitoba be exempted from membership in the University of Manitoba Students'
Union pursuant to section 6(1) of The University of Manitoba Students' Union Act.
THAT members of the Graduate Students' Association (students enrolled in the
Faculty of Graduate Studies) be assessed a $68.88 per semester GSA Student
Organization Fee, which will be forwarded to the Graduate Students' Association.
THAT members of the Graduate Students' Association (students enrolled in the
Faculty of Graduate Studies) be assessed an $8.375 per semester GSA Student
Levy Fee, which will be forwarded to the Graduate Students' Association.
THAT members of the Graduate Students' Association (students enrolled in the
Faculty of Graduate Studies) will continue to be assessed the Canadian
Federation of Students and Canadian Federation of Students Manitoba fees as set
by the Board of Governors previously.
CARRIED
7. What individuals had authority to act and/or sign on behalf of the
organizations involved?
This is open to legal interpretation.
Current policy of the UMGSA requires two (2) signatures from among only
four (4) positions with signing authority as identified in the duties of their
respective positions.
The minutes of the UMGSA General Meeting on October 27,1999, document a
presentation by Joel Oliphant, Faculty of Law Graduate Student, retained by the
UMGSA for legal research into autonomy and possible incorporation of UMGSA.
Mr. Oliphant stated that because the GSA was unincorporated, (lit is not
constituted as a legal person and therefore precluded from entering
agreements."
UMGSA was incorporated in the province of Manitoba on July 3, 2001.
8. Who actually acted and/or signed on behalf of the organizations
involved?
The application for prospective membership was signed by Ed Janzen, UMGSA
President 99/00.
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What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
Krishna Lalbiharie signed the letter for extension of prospective membership
dated May 16, 2000. Krishna Lalbiharie was appointed to the position of
Director of Public Relations at a meeting of the UMGSA Council on November 24,
1999. Ana Frias was appointed to the position of Director of Public Relations at
a meeting of the UMGSA Council on March 29, 2000. The minutes of the UMGSA
Council meeting for May 31, 2000 indicate that Krishna Lalbiharie is in
attendance as the Chair. Mr. Lalbiharie's authority to sign on behalf of the
Association is not evident in documents reviewed thus far. The report of the
Director of Public Relations (Krishna Lalbiharie) to the meeting of UMGSA
Council on February 23, 2000 indicates that the impending referendum from the
prospective membership application approved in November 1999 would be
suspended until October as determined by the ({Executive Committee, in
consultation with CFS Deputy national Chairperson Elizabeth Carlyle". The
UMGSA Council minutes for the meeting on August 30, 2000 document a
presentation given by Krishna Lalbiharie as Manitoba Fieldworker for CFS.
Amanda Jones, UMGSA President 00/02, signed the letter for extension of
prospective membership dated November 21, 2001.
The letter(s) of application for full membership were signed by Vinod
Varadharajan, UMGSA 00/02.
Additional rough notes:
May 31, 2000 - GSA Council Meeting minutes indicate:
President: Amanda Jones
Treasurer: Vinod Varadharajan
DPR: Ana Frias
Senator: Narjit Chadha
UMSU Councilor: Ed Janzen
UMSU Councillor: Lloyd Lawrence
Chair: Krishna Lalbiharie
President's report indicates that the CFS has agreed to pay for
all the costs of the referendum being held in October.
Treasurer's report included 00/01 Budget proposal, which
notes a potential U$2,OOO should be spent on CFS membership, referendum &
conferences." This is indicated to be significantly less, pending membership
referendum in October, by both Janzen and Lalbiharie who adds that it should be
less than $700 maximum and no major expense for the referendum will be incurred.
DPR report indicates that although, as prospective members,
the UMGSA is eligible to attend National General Meetings of the CFS nobody from
the UMGSA attended the May meeting (May 18 - 21, 2000).
November 2000 - CFS National General Meeting postpones GSA referendum
again
January 7 - 25,2001 - Campaigning for GSA full membership in CFS
referendum
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What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
April 2001 - President's year-end report states no letter was sent to
CFS for full membership
April 25, 2001 - UMGSA Council Meeting chaired by Liz Carlyle: GSA will
apply for full membership of CFS at 39
th
Semi-Annual General Meeting contingent
upon item #4 of undated letter from CFS regarding fee collection; letter signed by
Elizabeth Carlyle to UMGSA assuring that CFS:
1. will not collect fees for 2001/2002 and 2002/2003;
2. will not take legal action against UMGSA for membership
fees not collected by the university
3. assures full membership is not contingent upon fee
collection
4. will not seek retroactive payment of membership fees not
collected by the university
This motion was made by Krishna Lalbiharie who is not listed to be in attendance at
that same meeting.
May 1", 2001 - unsigned letter to BoG from Amanda Jones requesting
clarification of decision regar di ng collection of CFS membership fees (no such topic
evident in publicly available minutes of BoG meeting from April 24, 2001 as
referenced)
May 30, 2001 - UMGSA Council unanimously carries motion to postpone the
CFS membership pending BoG decision on autonomy and the CFS fee collection (Ian
Boyko was in attendance)
Undated (2001) agreement of membership between CFS and UMGSA signed
only by Ian Boyko (no UMGSA signature)
June 4,2001 -letter from Amanda Jones to Ian Boyko re: May 30, 2001
motion
June 13, 2001 - letter from Amanda Jones to Ian Boyko re: pressure tactics of
CFS to obtain a signature on full membership agreement
July 16,2001 -letter from Ian Boyko to Amanda Jones defending membership
November 27,2001 -letter from Ian Boyko to Amanda Jones validates that
the CFS is in receipt of membership letter signed by Vinod Varadharajan dated May
5, 2001; indicates the CFS ((willingness to waive membership fees until such time as
that autonomy is achieved."
December 10,2001 -letter to Ian Boyko from Amanda Jones responds that
motion at meeting of the CFS(-MB) held in Brandon, Manitoba stated full
membership of the UMGSA would be accepted ((pending the receipt of a letter from
the President of the GSA." The letter also indicates that while in attendance at a
UMGSA meeting on May 30, 2001, Ian Boyko Ilconfirmed that the CFS was waiting
for the letter of application" from the UMGSA president and only then would UMGSA
be accepted as a full member. It further refutes the above authority of Vi nod
Varadharajan to sign the letter indicated above on the president's behalf and alleges
that Mr. Varadharajan subsequently sent the CFS a letter confirming he had no
authority to sign the application letter and that he was pressured by three CFS
affiliates to do it.
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What is the Relationship between CFS/CFS-S/CFS-MB and UMGSA?
January 25, 2004 - UMGSA Council Meeting minutes indicate:
President: Shamsul Islam
VP Finance: Feroz Mohammed
VP Student Affairs: Amit Chhabra
BP Health Science: Candace Rypien
Ian Boyd (CFS) and Sarah Amiont (CFS-MB) gave a presentation on the CFS
structure indicating that fee collection was an issue associated with the graduate
caucus and providing a brief and incomplete history of the relationship between the
UMGSA and the CFS. The discussion also indicates that the CFS has approached the
UMGSA at this time because of the improved relationship between the UMGSA and
the UMSU.
05/06 - UMGSA President: Meghan Gallant
january 29,2005 -letter from George Soule, CFS National Chairperson, to
Meghan Gallant re: outstanding membership fees (no amount stated)
july 7, 2005 - The UMGSA Executive carried a motion to begin to levy fees for
the CFS membership dues
March 26, 2006 - BoG approves fee collection for t he CFS membership
September 2006 - first collection of the CFS membership fees from graduate
students at the university
june 21,2011 - UofM BoG carries motion to recognize the UMGSA as an
autonomous organization from UMSU
February 22, 2012 - CFS-MB Treasurer, Tyler Blashko, sends file to Tapper
Cuddy, Barristers and Solicitors, from CFS-MB office with letter explaining that he
believes it belonged to a former UMGSA Executive member who was also an
employee of the CFS-MB. The file contained confidential communications between
the UMGSA and their legal counsel at the time as well as a sheet of blank UMGSA
letterhead.
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