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Table of Contents...
- Supreme Court Documents: This section contains the text of two supreme court petitions that were dealt with in August 2006 and September 2006 respectively.
- Election Documents: This section contains the full text of the majority complaints, appeals, decision reports and results as related to the Fall 2006 KSA General Election.
- Complaints filed with the Chief Returning Officer (CRO)...
- Complaints & Responses by Candidates...
- Complaints Filed by Laura Anderson...
- Complaints Filed by Lisa Coan...
- Complaints Filed by Duncan Keist...
- Complaints Filed by Johnny Woo...
- Complaints Filed by Student Vision Plan (SVP)...
- Complaints Filed by Steven Lee...
- Decision Reports of the CRO (includes CRO's rulings report and the official results of balloting)...
- Complaints filed with the Ombudsperson...
- Complaints filed before CRO's Final Report...
- Complaints filed in response to the CRO's Rulings Report...
- Reaction(s) to the Ombudsperson's Rulings...
- Supreme Court of BC: Election Rulings & Decisions...
Note: Many files on this page are in "*.PDF" format and require the Adobe Acrobat Reader in order to view them. You can download the program for free from Adobe.com
Also, the video files on this page require Microsoft Windows Media Player to view.
1. Supreme Court Documents...
There were two petitions served during the late summer of 2006 which ultimately lead to the court order that brought about the fall 2006 election.
i. "KSA vs Students" Petition to the Supreme Court of BC
ii. "Students vs KSA" Petition to the Supreme Court of BC
In response to the Reduce All Fees / Student Vision Party petition, a number of students formed the Concerned Students of Kwantlen to launch a counter-petition, asking (among other things) that the September 29, 2005 AGM be declared invalid. The petition and affidavits related to this petition are all located in the following files...
- Students vs KSA Petition to the Supreme Court of BC (filed July 27, 2006)
- Affidavit #1 of Laura Anderson, affirmed July 18, 2006 (w/o exhibits)
- Affidavit #1 of Lisa Coan, sworn July 26, 2006 (w/o exhibits)
- Affidavit #1 of Mathew Huff, sworn July 19, 2006 (w/o exhibits)
- Affidavit #1 of Steven Lee, sworn July 19, 2006 (w/o exhibits)
- Affidavit #1 of Johnny Woo, affirmed July 25, 2006 (w/o exhibits)
Note: There were many exhibits to some of these petitions. Eventually, all of the exhibits will be posted to this site.
iii. Supreme Court Orders
In early August 2006 the Reduce All Fees / Student Vision Party run KSA approached the Concerned Students of Kwantlen and proposed settling the case. A settlement agreement was negotiated. On August 21, 2006 this agreement was brought before the Supreme Court of BC, thereby becoming an order of the court...
iv. September 2006 Motion to the Court
In late September 2006 after trying hard to uncover the state of the KSA finances, the Concerned Students of Kwantlen brought a motion forward to the Supreme Court of BC to help protect the Society finances. The case also sought clarification as to which set of regulations would govern the court called fall 2006 general election. Here are the documents related to that challenge...
- Notice of Motion (filed on September 28, 2006)
- Affidavit #1 of Laura Anderson, affirmed July 18, 2006 (w/o exhibits)
- Affidavit #2 of Laura Anderson, affirmed September 22, 2006 (w/o exhibits)
- Affidavit #1 of Steven Lee, sworn July 19, 2006 (w/o exhibits)
- Affidavit #2 of Steven Lee, sworn September 24, 2006 (w/o exhibits)
- Affidavit #2 of Johnny Woo, affirmed September 24, 2006 (w/o exhibits)
- Response of the KSA et al (Dated: October 4, 2006)
- Affidavit #3 of Laura Anderson, affirmed October 5, 2006
- Affidavit #3 of Steven Lee, sworn October 5, 2006
Due to the fact that the election was coming quickly and a new council would take office on November 1, the court rejected the motion to place KSA finances in the hands of PriceWaterhouse Coopers. However, the Court did rule on one important aspect of the case - it decided that the Regulations that would be the Regulations as at February 19, 2005. A copy of this order will be posted shortly.
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2. Election Documents...
This KSA general election took place during the fall 2006 semester at Kwantlen University College. It was in liu of the general election that would normally have taken place during the spring 2007 semester. The election was bound by the KSA Bylaws, Regulations and by an August 21, 2006 order of the Supreme Court of British Columbia.
i. Complaints filed with the Chief Returning Officer...
During the election, on October 20, 2006, the CRO released the following Notice to All Candidates regarding the complaints process.
On October 24, 2006 this notice was later slightly amended by the CRO, as per this e-mail to allow candidates more time in filing responses to complaints.
a. Complaints & Responses by Candidates (with Preliminary Rulings)...
The following documents contain the full text of complaints from various individuals as received by the CRO and copied to Steven Lee via e-mail during the Fall 2006 General Election. Every effort has been made to ensure that all complaints are posted here, however this may not be the case as no complaints were posted online on the Official Website of the Society, as had occurred during previous elections.
(1) Complaints filed by Laura Anderson...
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(2) Complaints filed by Lisa Coan...
Note: It is not known whether this complaint was officially filed with the CRO, as such it is included here for information only. The CRO does not address this complaint in his final report, so it is assumed that it was never filed.
Complaint Number 1 (October 19, 2006 - regarding SVP ads and allegations of libel and slander)
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(3) Complaints filed by Duncan Keist...
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(4) Complaints filed by Johnny Woo...
Complaint Number 1 (October 18, 2006 - Regarding the use of KSA resources to campaign in the election)
Complaint Number 2 (October 21, 2006 - Regarding the use of intimidation tactics and use of "agents de provocateur")
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(5) Complaints filed by Student Vision Plan (SVP)...
E-mail regarding Complaints 1 - 7 (October 14, 2006 - As sent from Danish Butt to CRO Fred Schiffner)
Complaint Number 1 (October 9, 2006 - Regarding allegations of "Laura Anderson and Slate" campaigning before the campaign period)
Complaint Number 2 (October 9, 2006 - Regarding allegations of "Laura Anderson and Slate" campaigning before the campaign period)
Complaint Number 3 (October 9, 2006 - Regarding allegations of "Mat Huff, Steven Lee and Slate" campaigning before the campaign period)
Complaint Number 4 (October 9, 2006 - Regarding allegations of "Nathan Griffiths and Slate" campaigning before the campaign period)
Complaint Number 5 (October 9, 2006 - Regarding allegations of "Kulvir Gill, Steve Lee and Slate" campaigning before the campaign period)
Complaint Number 6 (October 9, 2006 - Regarding allegations of "Laura Anderson, Mat Huff, Steve Lee and Slate" campaigning before the campaign period)
Complaint Number 7 (October 9, 2006 - Regarding allegations of "Mat Huff and Slate" campaigning before the campaign period)
LAURA ANDERSON's RESPONSE to SVP Complaints Number 1 - 6
STEVEN LEE's RESPONSE to SVP Complaint Numbers 1 - 7 (October 16, 2006)
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E-Mail Regarding Complaints 10 - 11 (October 18, 2006 - As sent from Danish Butt to CRO Fred Schiffner)
Complaint Number 10 (October 18, 2006 - Regarding allegations of "Mohammed Kallas and CSK" distributing the pay stub of Brian Tran and the fairness of Steven Lee's website)
Complaint Number 11 (October 18, 2006 - Regarding allegations of "Desmond Rodenbour and CSK" campaigning within the no-campaign buffer zone)
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(6) Complaints filed by Steven Lee...
Complaint Number 1 (October 11, 2006 - Regarding the CRO's decisions regarding spending limits and the allowing of the distribution of food & drink)
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Summary of Complaints as filed by CSK (as requested by the CRO)
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b. Decision Reports of the CRO (includes CRO's final report and the results of balloting)...
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iii. Supreme Court of BC: Election Rulings & Decisions...
Ultimately there were two petitions that took place after the release of Paul Browning's report.
a. Student Vision Plan Petition to the Supreme Court of BC...
- SVP Petition to the Supreme Court of BC (filed November 21, 2006)
During this process, Don Crane admitted that he could no longer represent Danish Butt et al as he had represented the KSA, as confirmed by the following letters:
But it was unknown at that point what the SVP would do and so CSK lawyer Gavin Crickmore issued the following appearances:
The following letter confirmed that the Reduce All Fees / Student Vision Party hired lawyer Mark Underhill to represent their case, as illustrated by the following document:
In January 2007, Underhill submitted a draft consent order "respecting the removal of the KSA as a petitioner and its addition as a respondent. Farris responded, with a letter regarding Underhill's draft consent order.
Ultimately, the following affidavits were presented by the KSA and the CSK in response to the SVP petition to the Supreme Court:
- Affidavit of Mary-Ann Hamilton of Price Waterhouse Coopers, sworn January 25, 2007 (includes copy of the Interim Reporting Letter on the Forensic Accounting Investigation of the KSA)
- Affidavit of Mathew Huff, sworn January 23, 2007
- Affidavit of Steven Lee, sworn January 23, 2007
- Affidavit of Desmond Rodenbour, sworn January 23, 2007
Finally, in early February 2007, the petition that was filed by the SVP was finally resolved with the petitioners agreeing to dismiss their petition without costs to any party, as was indicated by this letter.
Essentially, upon presentation of the above affidavits, the SVP petitioners proposed settlement and the following order was issued as though the merits of the case had been heard:
- February 2, 2007 Court Order
There are still a few documents that I need to post including:
- the exhibits to the original petitions listed at the top of this page; and
- copy of another petition that was filed by the KSA which resulted in an order stating that the Interim Council ceased to exist on November 1, 2006.
The rest of these Supreme Court documents regarding this election will be posted shortly.
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