Kingston, ON – Over the last two days, we listened. We listened to the questions and concerns from the SGPS membership and have decided to release a statement in response to what we heard:
According to policy P.11.3 “Procedure”: “The Judicial Committee is…responsible for hearing appeals made by SGPS election candidates.” The Judicial Committee is a confidential body, whose purpose is to protect those involved and the sensitive matters surrounding the appeal process, to the best of our abilities. We withheld these details to protect the candidates, not to purposely withhold important information and details from our membership. Upon hearing from our members, we recognize the need for greater transparency.
During the campaign period of the SGPS Presidential election, a self-disclosed violation of campaign rules occurred by a candidate, who overspent their allotted budget on campaign related activities (P.9.8 (f)). Following an exhaustive investigation during the voting days, the CRO instituted a penalty in the form of a fine, following the announcement of the election results. This decision was appealed, within the allotted week following the election, which, as stated in Bylaw and Policy section P.9.10 “Penalties”, activated the Judicial Committee.
Given that this decision does address the very nature of our democratic process, the standard set for our deliberations was high. Our deliberations took more than double the allotted time and the Committee came forward with the following points. To the Committee’s knowledge, this is a first in SGPS history with no precedent to follow:
(3) where a penalty is to be levied after the close of voting, in any case where an offence would likely have changed the outcome of the election.”
The Judicial Committee felt that a group of seven determining the next President of the SGPS would be unfair and we chose to refer this decision to SGPS Council. We also took into account the mental and physical well-being of the candidates involved, and concerns regarding a fair by-election. We also considered the need for sufficient time for Executive transition.
As a Judicial Committee, we also feel it is important to note that throughout our investigation, we found significant gaps in Bylaw and Policy concerning the election process, the responsibilities of the election team, and the appeal process. Without a policy framework or precedent, the Committee was forced to look at the current bylaws and determine the most appropriate resolution to the above issue. We are tasking the Bylaw and Policy Committee to meet and rectify these gaps and present amendments at the March Council meeting.
Recommendations by the Judicial Committee to SGPS Council:
Should this recommendation be approved by SGPS Council, all Councillors sitting on the Judicial Committee will either proxy their vote to a department representative or abstain from the SGPS Presidential Election.
Please direct all questions and concerns to Jennifer Williams at firstname.lastname@example.org. While we encourage discussion, we will not tolerate harassment of any kind. We thank you for your patience as we deal with this matter.