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The Ubyssey Mar 28, 2008

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 SINCE 1918
The battle for Canada's first legal co-op bro
Scandal in student council
AMS Council overrules Student Court   pag e i 2 theubysseymagazine
March 28th, 2008
Where: Biltmore Cabaret, 2
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o   What: Hear BC ska ban
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Mayor Sai
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for reelection soon, will sp
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The Joke's on
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Air Pollution: How We Treat
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Impressions of Ro
Time: 12-lpm
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u   Cost: $4
"co   What: Go be classy by listening
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Vancouver Jewish Film
Where: Various Theatres
Cost: $8 regular, $7 student
<«   What: Films from Israel, Europe,
">   and the Americas chronicle the
;   Semiticexperience.SeeVJFF.org
Time: 12:30-1:30pm
Where: Room 2107,
Anthropology and Sociology
What: We don't know, but you'll
sound intelligent if you find out.
coven m a geioker chen
The decision that AMS Council made was right
by Scott Bernstein
Student Council did the right
thing in refusing to accept a
flawed Student Court decision
that had little legal basis. According to the AMS Bylaws,
the ultimate governing body
is Council. The Court is not on
an equal footing with Council
and is not sacrosanct, as is in
the case of the province or the
federal government. Council
should—and did—look at the
Court decision to see whether
it was reasonable or not as they
have done in the past when a
bad decision comes down from
the Court. In the final analysis,
the Court's decision was ill
thought out, based on faulty
interpretation of their duties
and Code, and was rightly determined to be unreasonable
on its own merits.
The Court had the obligation to interpret the AMS Code,
Constitution, and Bylaws within their own context, not in the
context of the federal government or what they would have
liked to see in our rules. The
Code—at best—leaves it very
ambiguous about whether casting multiple ballots constitutes
a violation. The majority of
judges noted this ambiguity in
directing Council to rewrite the
very section of Code they were
interpreting. Isn't it strange
that the Court says on one hand
that the Code is not ambiguous
at all and then directs Council
to make it less ambiguous?
Although both the majority
and dissenting opinions stated
that this was not a disciplinary
hearing against Alex Lougheed
(which would have required
many more procedural protections for fairness), it was
Alex sitting across the table
from Nathan Crompton, not
the Elections Administrator. It
was Alex Lougheed who stood
to lose his job over this decision. As evidence against Alex,
his (supposedly) secret ballots
were carted out. This was the
very thing that Alex was protesting against: the balloting
wasn't secret.
The Court erred in deciding
that an individual's actions in
his own personal voting constituted an "election irregularity".
Previous Court decisions made
it clear that election irregularities were things like illegal
campaigning or moving ballot
boxes—both actions that have a
likelihood of affecting the outcome ofthe election. The Court
chose to disregard these rulings entirely and make its own
value judgment about how an
individual casting multiple ballots becomes an irregularity.
The Court failed to recog
nize that the Elections Administrator (EA) had the discretion
for deciding whether Alex's actions were substantial enough
to affect the election. Code
clearly states that the EA has
a lot of discretion in determining what is a violation and
what isn't. Outside of a patently
unreasonable decision by the
EA—that is, one that absolutely
defies any reasonable basis for
coming to the conclusion—the
Court should leave the decision
alone and not substitute its
own analysis for that ofthe EA.
The EA was in a much better
place to decide the import of
Alex's actions and in my opinion based his decision on real
and reasonable grounds.
The Executive only has one
year to work for the the AMS.
What is the benefit of taking
up months of their time with
disputes? I'm dismayed to
hear that Nathan Crompton
will continue to challenge the
election and Alex's legitimacy.
I can only conclude that his actions are self-serving and not
in the interest of the AMS. I
had a lot of respect for Nathan
in the past, but his actions in
this matter have convinced
me otherwise. It seems as if
Nathan's code of ethics only
go to serve his ends and his interpretation of fairness. That's
a shame. The right thing for
Nathan to do now would be to
step back and stop attacking
Alex's legitimacy. If Nathan
wants to affect change in Council elsewhere, great, but as far
as I'm concerned, this issue is
decided and over.
The net effect of Alex's actions and this hearing should
be that Council takes a good,
hard look at the elections Code.
If casting multiple ballots is
a bad thing—and I'm not convinced it's such a big deal since
there are good systems in place
to make sure that only one vote
is counted—then there should
be a voter list at each poll, IDs
should be regularly checked,
and students should take an
oath that they only cast one
ballot. If Council wants to discourage multiple ballots then
it should say something to the
effect that "students may only
cast one ballot" in the Code.
Deciding that one person's
actions should be singled out
as an election irregularity is
wrong. Council got it right last
-Scott Bernstein is a second-year
Law student and served as legal counsel
to Alex Lougheed in the recent Student
Court process.
For more details on thisyear's
elections clusterfucks, see
the articles in this issue and
archived coverage at www.
See what students think.
Read comments on Ubyssey articles at www.ubyssey.ca.
Famous Lou and the Funky
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Work part-time during the
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Professionals in business
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Its battery won't hold a
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Spend one hour a week with
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Opportunities for men and
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Free classifieds for students: For more information, visit Eoom 23 in the sub or call: 604-823-1654
March 28th, 2008
Vol. LXXXIX N°49
Editorial Board
coordinating editor
Champagne Choquer
news editors brandon adams &
Boris Korby
features/national editor
Matthew Jewkes
production jvianager
Kellan Higgins
Levi Barnett
volunteer coordinator
Stephanie Findlay
cally run student organisation, and all students are encouraged to
Editorials are chosen and written bythe Ubyssey staff. They are
the expressed opinion of the staff and do not necessarily reflect
iU~ ": 'The Ubyssey Publications Society or the University of
bia. All editorial content appearing in The Ubyssey is
the property of The Ubyssey Publications Society. Stories, opinions,
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eestyles"areopinion pieceswritten by
ibers. Priority will be given to letters and perspectives over freestyles unless the latter istimesensitive.Opinion pieces
will not be run until the identity ofthe writer has been verified. The
Ubyssey reserves the right to edit submissions for length and clar-
ust be received by 12 noon the day before intended
following issue unless then
matter deemed relevant by
lilsto publish an advertisement or if an error in the ad occursthe liability of the UPS will not be
 ' i the ad.The UPS shall not be respon-
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value orthe impact ofthe ad.
Room 24, Student Union Building
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business manager Fernie Pereira
ad traffic Jesse Marchand
ad design Michael Bround
with Champagne Choquer, Matthew Jewkes, and Levi Barnett
he had noticed that he had been sweating profusely because
Michelle Silonga
.un,. ,JU^, ,i,,i,U4un iilu.ju^iuuuu. jroken a sweat.
She wiped the beads of sweat from her forehead as she read
the verdict."It is hereby declared that Stephanie Taylor, having cut Ricardo Bartolan's toe off, is sentenced to spending
four days in the UBC office." The audience gasped,this wasfar
worse of a sentence than expected.Paul Bucci patted her on the
head consolingly "at least you won't be alone, Oker Chen will
be there/'Justin McElroy snickered, Boris Korby poked him and
said "shut up McElroy, you sound like a dying elephant." Scott
Bernstein rolled his eyes. They caught on the glowing Jordan
Chittley, who, after returning from a Whistler retreat with Kel-
the Chittley action but not before faerald Doe had announced
that there was premium 90% cocoa chocolate harvested ■"
the work of aliens in the jungle highlands of Brazil. The bianu
of chocolate was called Cocoa for Kasha Chang, and it's retail
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University  Number 0o40878022
Kress March 28th,2008
The Ubyssey
Under the sea, the
AMS Council arrogantly oversteps bounds
A UBC AquaSoc member swims with the fishes.
Shipwrecks and Starfish
ver dreamed of floating weightless in
endless blue waters with seaweed gently
' brushing alongyour back and shipwrecks
looming in the distance? While most would associate this with a once-in-a-lifetime tropical
vacation, the reality is that southern British
Columbia is a premier scuba diving location,
and UBC's AquaSoc, the oldest diving club in
the country, can turn students into qualified
divers in under a month.
The AquaSoc, located in the basement of
the SUB, is a non-profit society that provides
equipment at competative prices, provides
scuba training and certification up to instructor
levels, and organizes monthy trips for divers in
the UBC community and beyond.
For a totally inexperienced student to attain
a lifetime certification in open water diving
takes five evenings of technical experience
and pool diving, and a weekend of training
in ocean dives. Typically such a course costs
about $450. Upon completion, Vancouverite
divers can, in the space of a day trip, visit a 440
foot submerged destroyer or a 340 foot supply
ship—projects of the nationally renouned BC
Artifical Reef Society.
While scuba diving is not for everyone, and
those with heart or lung conditions should
check with an instructor and a doctor before
signing up, diving is not a significant physical
challenge. Furthermore, while there is potential for serious injury or even death on a dive,
by following the rules, diving is relatively safe.
The AquaSoc's worst injury in living memory
was a shattered ankle from carrying equipment
accross slippery rocks.
To get in contact with the AquaSoc, you can
visit their website at diveUBC.com or email
them at aquasoc@gmail.com. \a
At 4:30 on Wednesday afternoon,
UBC Student Court ruled that Alex
Lougheed should be disqualified
due to casting multiple ballots, at which
point, AMS Council was left a serious
choice to make: do they accept the
legitimacy of the Student Court's decision and pave the way for an April by-
election of a new VP Academic? Or do
they believe the Court's decision to be
invalid, ignore it, and retain Lougheed
as an executive?
What ultimately concerns us is not
the short-term justifications for what
they have done, but the long-term
ramifications for such a transformative
And make no mistake, whether you
agree with the majority on AMS Council
or not, this is transformative. On the
issue of the most critical importance
to a functioning democracy—that of
a fair and transparent election—AMS
Council has overturned the decision of
a non-elected body, one that has studied
the matter from a legal perspective for
weeks on end, and asserted it's superiority over another branch of government
in the most blatant manner possible.
Such a move should not be done
in haste or emotion. It should be done
with the understanding and acceptance
that such a move represents not only a
disagreement with a single case, but a
repudiation of an entire philosophy of
That the AMS Council was able to
digest all of this, debate the idea, and
come to a conclusion in 90 minutes
time suggests less than a full appreciation as to what they had truly done. The
Student Court is there for a reason, and
rare is the case in any Western society
where a government completely ignores
the decision of a court. Some may be
tempted to toss off the concerns against
the decision as typical Knolligarchy
whining. But anger over a Grassy Knoll,
and anger over a breach of checks and
balances are two very different issues,
and should be respected as such.
In the end, we feel that, with the
way the Student Court is set up, there
was only one area in which the AMS
Council could justify their decision,
while still maintaining the legitimacy of
the court. And that is on the grounds of
According to its ruling, the Student
Court based it decision largely on the
concept of reasonableness. Atthe centre
ofthe case was whether or not Brendan
Piovensian, the former Elections Administrator, was reasonable in deciding
not to disqualify Alex Lougheed due to
his multiple ballots.
During their deliberations the judges
decided they had to answer three questions. First, they had to decide whether
or not Lougheed voted multiple times
in the January 2008 AMS Elections and
whether or not this was, according to
AMS Code, wrong.
"The evidence is clear that Mr.
Lougheed cast four paper ballots,"
wrote the Student Court in its ruling.
Lougheed's original ballots were presented, and Lougheed himself admitted
to casting multiple ballots. The question
of whether or not Lougheed did wrong
by doing so was not as clear. Ultimately
the Court ruled that while AMS Code
did not explicitly state that individuals
could not vote multiple times, it implied, with the statement "The Elections
Committee shall take whatever steps
necessary to ensure that only eligible
voters cast ballots and to ensure that
each eligible voter votes only once," that
submitting multiple ballots constituted
a contravention of code.
The second question the Court felt
it had to answer was whether or not
Lougheed's actions were serious enough
to warrant disqualification. While the
judges did note that Lougheed's extra votes were not counted, they also
noted that Lougheed's stated reason
for voting multiple times, namely as a
form of protest, was suspect. Stating,
"By voting multiple times, he flouted
the very system by which he hoped to
gain legitimate office," the judges decided that Lougheed's offence was "serious enough to warrant the candidate's
The final question the judges asked
was, "Should the Court overrule the
decision of the Elections Administrator?" It was with this question that the
Court looked at the 'reasonableness' of
Piovesan's decision not to disqualify
Lougheed. Ultimately, the majority of
the Student Court judges felt that "Given
that Mr. Lougheed committed a serious offence...in violation of the basic
principles of the democratic system by
which he hoped to profit, the Elections
Administrator's decision to declare the
election valid was unreasonable." Based
on this, the judges decided to overturn
Piovesan's decision and disqualify
Lougheed from the election.
The sole dissenting judge, Colin
Simkus, argued that the standard of
'reasonableness' used in the majority
ruling was not the proper standard for
the case at hand. Simkus that the 'rea
sonableness standard' is both a new
standard, first introduced into case law
a mere two weeks ago, and second, the
standard is designed for organizations
"subject to a more rigid professional
Instead, Simkus looked to the concept of 'patent unreasonableness', in
which "the decision by the [Elections
Administrator] would have to be patently unreasonable, in light of the circumstance, to be overturned." Simkus goes
on to make the case that Piovesan's decision was not patently unreasonable,
and therefore the Court had no grounds
to overturn his decision.
Clearly Simkus made the more solid
ruling—it was well thought out and set
a much more acceptable precedent for
the AMS. But the majority ruling by
the Court was not unreasonable: it may
have set a difficult precedent for a future AMS Elections Administrator, and
it may have been both inconvenient
and undesirable for both the Executive
and Council, but the ruling was neither
illogical nor unreasonable.
The AMS Council acted hastily and
somewhat unjustly. Like every other
governmental body acting as a higher
court, the Council should not have
judged the Student Court's ruling on
whether or not they liked its consequences, but whether or not itwas a fair
and just decision.
In essence, the AMS councillors,
who barely had time to read the entire
Student Court ruling before making
their decision, should have used the
standard of 'patent unreasonableness'
when deciding whether or not to allow
the Court's decision.
If Council felt the Court's decision
was somehow compromised, a very
grave allegation indeed, then they would
have been well within their rights to
vote the ruling down. But simply overturning the judges' decision because
it is inconvenient and undesirable to
Council is a clear slap in the face of the
Student Court.
The Council's arrogance in deciding
that it could decide in the space of two
hours something that took the Student
Court several weeks may give a satisfactory ending to the Lougheed affair, one
that the majority of students probably
agree with. But at the same time, it has
severely undermined the role of Student
Court, the checks on Student Council
power, and the way UBC students will
undoubtedly perceive the AMS—and
that is something that all councillors
will have to come to grips with, vl
Streeters is a twice-weekly column
in which students are asked a
question    pertinent    to    UBC.
See their full comments online at www.ubyssey.ca
What do you think of the Council decision to overrule the Court?
Bf "
1 n 1
9 fa^B   -B.I
"I feel he should
step down. It's a
really dishonest
act...It's not really
someone you'd
want in charge."
"It's totally dishonest! What the
hell does he think
he's doing?"
"Do the actions
that Lougheed took
represent somebody
that we want to be a
student leader?
Are those the actions that fit with
students? ... I think
the AMS was wrong
to disregard the Law
students' opinion.
"He should stay
as VP Academic
because the five
votes don't make a
difference, and I
think he's going to
do a good job.
"If there's cheating,
you can't represent
the student body.
the University because it gives them
a bad name, so
In my opinion he
should step down."
-Coordinated by Jordan Chittley and Amanda Stutt theubysseymagazine
March 28th, 2008
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Student print exhibition
by Oker Chen
Culture Staff
The little hut that houses UBC's
printmaking studio has had its
effective death sentence delayed.
With water eating away the floors
and a broken heating system,
UBC planned to demolish the
hut this year. It isn't happening
as UBC is unable to fund a new
visual arts building, leaving the
68 year-old Hut M-22 to find its
own natural death.
Even with this looming spectre,
printmaking students have assembled prints that will be shown in
the Student Union Building (SUB)
next week. The Midnight Press exhibit will showcase mixed media
works from second to fourth year
printmaking students.
Everyone unknowingly experiences printmaking, leaving
fingerprints on windows, staining essays with rings of coffee, or
passing on the lip marks of a kiss.
Midnight Press's works mostly use
crafted and inked plates, but not
all ofthe prints are conventional.
One piece by Chelsea Romani-
ello has drawn admiration from
her roommates. "I really wanted
to print on cloth because everyone
wears clothes, so you can really go
a lot of places with different messages on shirts," Romaniello said,
explaining her motivation to print
on a beater shirt. The paper prints
that she usually brings back to her
roommates are politely received.
"With [the shirt]," she said,
"they were like, 'Oh, that's so
cool, I'd totally want to wear that!'
I think fine art is just so distant
that when you actually incorporate it into something that a person can relate to in some way, it
has a really cool effect."
Ciel Ellis, who is studying fine
arts while raising a child, is graduating this fall as a Visual Arts
major so she can heal through art
therapy. "Through the process of
art you can bypass ego and you
can bypass people's inhibitions to
speak about things that are potentially traumatic or difficult," Ellis
said. "It's a way to engage your
children, particularly anyone
who's involved with a traumatic
event, visually versus verbally.
It opens up a door to a different
level of communication."
Art's healing power can be observed withElnazMaassoumian's
loss of her mother three months
ago. "I was deeply depressed for
two years [while she was sick].
My mother tried to make me better," recalled Maassoumian.
In the last years that Maassoumian and her mother were
together, the two decided to use
medication to offset Maassoumi-
an's growing depression. However, it was of little help. "I tried
to commit suicide. I was very ill.
She tried to show me the beauties
of the world, but I didn't see any.
"In those two years that I was
depressed, I didn't believe in
God. No God, no power, nothing.
I was just waiting for death."
Life changed forever when she
watched her mother pass away.
"The night when my mother
was dying, I was there. I saw her
heartbeat stop. It was very sad,
but it gave me a kind of power,"
said Maassoumian, about her
renewed faith. "I needed some
superpower to ask him, her, or
it, to give him my mother." Her
power materialized in her various printmaking projects.
Massoumian's outlook is now
optimistic. "I miss her a lot. It's
a sad memory, but the fact that
I wake up every day and try to
make myself beautiful means I'm
much better," she said. "In those
two years I didn't care about anything, what I looked like or what
people thought about me."
Maria Anna Parolin, a sessional instructor, is coordinating
Midnight Press with full-time professor Barbara Zeigler.
"We have two or three years left
in this hut and then we don't know
what's going to happen." said Parolin. "We don't know the future of
printmaking right now." Parolin
said plans are being drafted on a
new visual arts building,.
Susanne Poohkay, Director of
Facilities and Capital Planning at
UBC, confirmed that a new visual
arts building is the goal, but one
that has not been prioritized in
recent years.
"There is a plan but we've
been looking at updating it since.
Because there isn't any general
funding available, we have to wait
until that appears," said Poohkay.
Funding looks bleak, especially
with biodiversity and Law buildings higher on the priorities list.
However, there is one hope.
"It can change tomorrow.
Some donor walks in and you've
got your building," said Poohkay.
Until then, the wooden hut continues to crumble. \a
Oker Chen is a visual arts
student, and is participating in
Midnight Press, which is open from
March 31 to April 4. The reception
is on April 2 at 5pm at the art gallery on the main floor ofthe SUB. March 28th,2008
The Ubyssey
Bike Co-op still rolling after 10 years
Bike to School event aims to increase cycle commuting and fun
by Levi Barnett
Culture Staff
Any weekday morning at UBC,
over a thousand cyclists ride
into campus. They come in rain,
snow, and even the occasional
bit of Vancouver sunshine.
When any of them need to
buy a spare part, or use a wrench
to tighten their pedals, they can
head to the north side ofthe SUB
and stop by the UBC Bike Co-op
and its retail shop, the Bike
Kitchen, where they sell used
bikes and offer workspace and a
set of tools anyone can rent to fix
up their rides.
Ten years ago, "There wasn't
a bike shop on campus," said
Ted Buehler, one of the people
who founded the Bike Co-op in
the spring of 1998. He thought
that having a place where students could learn to fix their
bikes would be "empowering."
With the help of ten core
members and 30 or so other volunteers, the early Co-op worked
to teach people about bikes,
and to build a communal fleet
of purple and yellow bikes that
any member could ride around
"People are better able to help
their friends if they know how to
patch tires," said Buehler.
When the Co-op began, a
campus planning official gave
the Bike Co-op $10,000 and the
AMS awarded the group an Innovative Project Fund grant. The
Faculty of Agricultural Sciences
(now Land and Food Systems)
offered space to use, and the
Co-op spent its first two years in
a doublewide trailer behind the
MacMillan building.
The Co-op not only taught
people how to work on bikes,
but also advocated for cycling
as    an   alternative    mode    of
"Tenyears ago, there weren't
any bike lanes on University
Boulevard," said Buehler, listing
what he considers to be a major
accomplishment of the Co-op's
early lobbying efforts.
Buehler even hoped that the
Bike Co-op would receive some
funds with the introduction of
the U-Pass. It didn't happen. But
in his mind, if 500 more people
rode bikes, that would take a lot
of pressure off of the overcrowded buses coming to UBC every
Today, Edward Quinlan is
nominally the Bike Co-op's president. Last Tuesday evening, he
was in the Bike Kitchen, fixing
up donated and recovered bikes
so that they can be used in the
purple and yellow fleet of shared
When I found Quinlan, he
was eating Pie R2 pizza and was
working with a volunteer to remove the cranks off of a rusted
purple bike frame that didn't fit
right. The bike was donated to
the Co-op and will eventually join
their purple and yellow fleet.
After painstakingly attaching and removing three sets of
cranks, all with various problems, Quinlan realized that the
cranks weren't the problem.
It took an hour and a half, but
he saw that another part, the
spindle inside the bike's bottom bracket, was off, and would
cause any crank to wobble. So he
took out the spindle, and went
looking for another crankset.
Volunteers are the heart
of the Co-op's bike rebuilding
"We've easily grown 300 per
cent over last year," said Quinlan, referring to an increase in
help from students who maintain the fleet and are involved in
other Bike Co-op programs.
Phil Tomlinson is one such
volunteer. On Tuesday he was
renovating a donated bike, removing its derailleurs to turn
the 18-speed into a single-speed
bike. This will make it easier to
ride and simpler to repair in
the future. He cut excess cables,
then removed, cleaned, and
shortened the bike's chain.
"You spend a few hours and
you get free pizza," Tomlinson
said of why he volunteers along
with the other mechanics. "The
social side of things is really why
most people are here."
A major project for the future
ofthe Bike Co-op is an advanced
system of bike racks, which will
use smartcard technology to sign
out purple and yellow bikes to
registered users, one at a time.
"The idea is to make the user
more accountable," said Johnty
Wang, a fourth-year electrical engineering student who is heading
up the project. Whereas now all
Co-op members have keys that
can unlock any bike in the fleet,
the new system will allow them
only one bike at a time, and the
Co-op will know who had a bike
last, should it disappear as all
fleet bikes eventually do.
Co-op member Josh Niemier
described the planned system as
"more like a library card," versus
the current free-for-all, which
often sees bikes stolen or go
missing. There is even a plan to
connect the new racks to Google
Maps, providing real-time information to Co-op members
on where bikes are available on
The entire project should
make bikes "a more visible
form of transportation," said
That visibility will come to
a head next Friday, April 4th,
when the Bike Co-op will be putting on its annual Bike-to-School
Day event. Volunteers will wait
near University Boulevard in the
morning with coffee and pastries from Terra Breads for cycle
commuters, and there will be a
scavenger hunt and friendly bicycle race in the afternoon. After
all, cycling at UBC is more than
just a mode of transportation.
As Jacob Slosberg, a Bike Coop executive puts it, "At the end
of the day, it has to be fun." vl
Tony Kushner's
A Dybbuk
by S. Ansky
1RE   Adapted by Tony Kushner
Based on a translation by Joachim Neugroshel
Directed by David Savoy
March 26 to April 5,2008
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Phone: 713.621.6300x23 theubysseymagazine
March 28th,2008
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by Isabel Ferreras I photos by Oker Chen
f        &k
in the
Darrell is a maintenance man at the Marble Arch hotel, and sees firsthand
the realities of the sex trade on a daily basis.
Prostitution is everywhere in
Vancouver, and one need
not look too far to see that.
It can be found on the streets of
the Downtown Eastside, it's promoted prominently in the back of
the Georgia Straight, and some
believe it's even happening in the
upscale rooms at the Fairmont
Waterfront Hotel. Despite measures taken by the government
and police to curb the sale of sex,
it remains a way of life for many
"All these ladies have to do is
go down the street, pull a trick,
and it's 150 bucks right there,"
said Darrell, a maintenance man
at the Marble Arch Hotel, a social
housing building on Richards
Street. "They don't have to do any
paperwork or prove themselves.
It's easy money on the streets."
Despite Darren's assertions,
the term "easy money" is highly
debatable. Standing on street corners and jumping into cars without negotiating the terms of the
"trick" is hardly what Sue Davis, a
long-time sex worker and activist
for sex workers' rights, would call
"That traditional image you
see of a girl leaning in the window
of a car, negotiating a trick, is illegal," said Davis. "Because of that
she has to jump in the car without
negotiation, without time to see
even if this guy's got a gun or rape
kit or machete or something. She
doesn't have time to look 'cause
she's got to get in and get away,
because she needs the money and
doesn't want to get busted.
"There are no rules and no
boundaries in this line of work.
All the power has been given to
the consumer."
The laws regarding prostitution can be found in sections 210
and 213 of the Criminal Code.
Section 210 covers "common
bawdy-houses". According to this
law, anyone who keeps a common
bawdy-house can be found guilty
of an indictable offence and subject to a prison term of up to two
years. Further, anyone who lives
in, or is found in a bawdy-house
without excuse, can be found
guilty of an offence punishable on
summary conviction.
Section 213, meanwhile, covers offences in relation to prostitution itself. Anyone who is open
to public view and stops a motor
vehicle, impedes the free flow of
pedestrian or vehicular traffic, or
stops any person for the purpose
of engaging in prostitution can be
charged with an offence punishable on summary conviction.
If a prostitute leans into a car
window to negotiate the terms of
a trick, she is committing a crime.
This is despite the fact that prostitution itself is actually legal in
It is for this reason that Davis
and other activists have decided
to lobby the government for exemption from these laws by creating a legal cooperative brothel.
This idea has been introduced as
a result of sections 210 and 213.
The brothel would potentially
include a bar with the capacity to
employ exotic dancers, and a safe
upstairs with rooms where sex
workers could operate their business without being abused.
"The city has bought a lot of
hotels, and a lot of these hotels
have a bar, and truly that's what
we need, is a functioning kitchen
and a bar," Davis said. "We really wanted to use the Drake show
lounge because of course, the
guys that own the hotel had some
ofthe best-paying and safest jobs
for sex trade workers in the city,
and they just shut it down with
total non-complacency, with no
care whatsoever for the dancers
working there.
"They've closed 19 strip clubs
in the last three years. And then
people are surprised when the
city has people on the street. We
have dancers with $ 10,000 boobs
doing $3 tricks down there."
This movement, though endorsed by Vancouver Mayor Sam
Sullivan, has not garnered the
warmth of federal Justice Minister Rob Nicholson.
"We are not in the business of
legalizing brothels," said Nicholson on February 7th, "and we have
no intention of changing any of
the laws relating to prostitution
in this country."
Nicholson was speaking to the
House's status of women committee on the recommendation
that federal prostitution laws be
amended to halt the charging of
prostitutes, and instead to charge
personnel such as pimps or
bawdy-house owners.
This statement was given despite support for the recommendation from Conservative, Liberal,
and NDP MPs. The Ministry of Justice did not return The Ubyssey's
requests for commentary.
"I think that's really a slap in
the face," Davis said. "It shows
you what the Conservative government thinks about sex workers,
and they think we're second-class
citizens. Do I not, as a Canadian
citizen, have the right to due
process? How dare he decide
the outcome of parliamentary
proceedings without having gone
through them?"
The Conservatives, however,
are certainly not the only ones
who have publicly opposed the
idea ofthe brothel. Other sources
of opposition include the Aboriginal Women's Action Network
(AWAN) and the Vancouver Rape
Relief and Women's Shelter.
Fay Blaney, an activist with
AWAN and former UBC women's
studies professor, believes that
the priority should be on services
for those in the sex industry. "The
women in the Downtown East-
side have been very hard-hit by
provincial measures, which have
included cuts to women's centres
and cuts to the allocation of social
Darrell, the maintenance
man at the Marble Arch Hotel (a
desired location for the brothel),
can attest to this problem.
"Social services don't offer a
lot of support. They offer rules,
and if you don't follow these rules,
you're cut out ofthe program. The
government wanted to shrink the
amount of money being given out
by social services by making the
rules tougher. But now, instead of
being available to 10,000 people,
like initially, it's now only available to 5,000."
So if there is indeed strong opposition to this idea of a cooperative brothel, what are women to
do instead?
Daisy Kler, a spokesperson for
Vancouver Rape Relief & Women's
Shelter, had some possible ideas
as to how to tackle the problem,
and they start with section 213 of
the Criminal Code.
"The problem with section
213 is that the entire fault is put
on the backs of the women who
are engaging in the act of sex
work," she said. "When really, it
should be the men's actions that
should be criminalized."
Kler also said that more services that need to be offered to
"I'm talking about better welfare for women, so that they don't
have to resort to prostitution in
the first place as a means of income. I'm talking about improving addictions services that will
help turn these women away from
drugs, as well as detox services."
Furthermore    Kler    believes
that Sue Davis' argument about
propositioning is flawed. "When
we're talking about dangerous
men who may or may not have a
weapon, you can't just negotiate
your own safety...if a man is going
to hurt the woman, he's not going
to reveal himself as one wielding
a weapon. The men here are the
ones engaging in violence against
women. Women will still be violated and murdered indoors. Just
because you're indoors does not
mean you will be safe."
Indeed, it seems that the
formation of the brothel itself
is not likely to come about anytime soon. What has happened,
however, is the formation of the
province-mandated West Coast
Co-operative of Sex Industry
Professionals, headed up by Sue
Davis herself.
"It's supposed to provide us
with a foundation to work together as a community, so that we can
define what our decision-making
procedures will look like," she
said. "We'll have membership criteria. Only members will be able
to vote. We will be promoting art
initiatives, publishing initiatives,
and catering initiatives. With all
of this, there's capacity building,
skill building, tangible things
you'd be able to see on someone's
"We're talking about people
who are street-entrenched, some
who have been out there as long
as 38 years, wanting dreams,
and wanting to aspire to do other
things and improve their own
quality of life, and not having the
means to do that with community
Jamie Lee Hamilton, a prominent activist for the rights of sex
trade workers, couldn't agree
"I think this can absolutely
work, because the women are supported. Any time that women can
come together in an environment
that is supportive with members
or friends around, I think women
then have the opportunity to
grow into a place that's going to
harbour their abilities."
Davis is happy to report that
there have been letters flowing
in from the community at large,
sending their support for the cooperative brothel.
"People are nervous, but we
do have support in the community, and that's why the communication strategy is so important.
We're going to go out into the community centres all over Vancouver and make this presentation to
as many groups that want to have
it. And we will then record what
everyone says, for and against."
And as for the government
"[Rob Nicholson's] statement
is an absolute insult," Davis said.
"As if he can't imagine that we
would have community support,
that we wouldn't have the capacity to make it that far. He's wrong,
he's absolutely wrong, and we're
going to do it." \a theubysseymagazine
March 28th, 2008
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MOA Presents...
The Jokes on You:
at the University of
British Columbia
UBC Museum of Anthropology
Tuesday, April 1,4:00 pm
Join us on April Fool's Day for performances by comedians
Assaulted Fish and Brian Majore, followed by a debate on the
ethics of humour with Elaine Decker and the CBC's Alden Habacon.
Assaulted Fish is an 83% Pan-Asian Canadian comedy troupe based in Vancouver.
Individually they are known as Diana Bang, Marlene Dong, Kuan Foo, Darcey Johnson, Yumi Ogawa, and Nelson Wong.
Brian Majore has performed all over western Canada on the Native conference
circuit. His thought-provoking humour, with his takes on university life and fatherhood, has also been showcased at the Toronto and Vancouver Yuk Yuk's comedy
Elaine Decker is Acting Associate Dean of Social Sciences at Kwantlen University College. She completed her PhD in Education at UBC, prompting her sister to
wonder why it has taken her more than 50 years to "get out of school." Her research
focuses on humour as a resource for teaching, learning, and living.
Alden E. Habacon is the Manager of Diversity Initiatives for the English Television
Network of the CBC.
UBC Museum of Anthropology
6393 NW Marine Drive, Vancouver, BC
604.822.5087 www.moa.ubc.ca
Admission $9 adult/$7 senior. UBC students, staff, and faculty:
admission to MOA is always FREE!!
Beijing is hosting the Olympics
whether we like it or not Has
the time for protests passed?
by Justin McElroy
Sports Staff
Remember back to those halcyon
times when the Olympic games
were simply about outstanding athleticism, heartwarming
stories, and the celebration of
When they were devoid of
commercialism, steroids, and,
most importantly, politics?
Well, unless you're a senior
citizen, chances are you don't.
The fact is, ever since Adolf Hitler decided that the 1936 Berlin
Olympics could be used to spur
national pride, and prove to everyone that Germany was once
again a great power, the Olympics have been intertwined with
But most of
the time, we don't
seem to mind.
There's something quaint and
charming about
a country turning into an eager
six-year-old at
Show and Tell
time, getting two
weeks in front of
billions to show
the world how
great their country is.
And then during the fireworks
and grandeur
of the closing
ceremonies, we
can all make that
mental note to
visit Barcelona
or Lillehammer
sometime in
the next three
But it's different this time.
It's China's turn on the world
stage, and with Beijing holding
the Olympic Games in August
they have a chance to show the
world that after years of staggering economic growth they are a
true world power, and can put
on the type of global celebration
that would make any country
jealous. And a lot of people don't
like that.
The reasons why people
don't like this fact are obvious
and generally fall within the
arena of human rights.
Few in this country would
disagree that atrocities committed by the Chinese government
are abhorrent, and should be
frowned upon. But what actions
should be taken about this during the Olympics?
Well that's another story.
Could countries boycott the
Well yeah, they could.
It would destroy the dreams
and life's work of thousands of
athletes, and deprive them of
their one moment in the sun they
have worked decades to achieve,
but it would put a blot on the actual Olympics themselves.
Remember the 1980 Moscow
Olympics boycott by western
countries and the '84 Los Angeles Olympics boycott by Warsaw
Pact countries. Remember the
reason for the boycotts? Or what
China got the
China is
hosting the
China will
put on an
amazing show
and there's
very little we
can do about
it except grit
our teeth and
ignore the
they accomplished other than
further politicizing what is supposed to be a sports event?
Another compromise option
being floated by some in Europe is for politicians to refuse
to show up to the opening and
closing ceremonies, in order to
show their displeasure. When
I think about what that would
accomplish, I'm reminded of a
scene in Team America: World
Hans Blix: "Let me see your
whole palace, or else."
Kim Jong-Il: "Or else what?"
Hans Blix: "Or else we will be
very, very, angry with you, and
we will write you a letter telling
you how angry we are."
Then there's the hope by
some that countries
would actually resort to economic
sanctions to punish
the Asian power.
That would
make us feel good
and self-righteous
for about twenty-
seven seconds, at
which point China
would politely pull
its assets out of
countries that have
engaged in such behaviour, resulting
in a global collapse
ofthe economy.
Excited for the
Olympics yet?
Activists and
moralists are fully
justified in seeing
this as a stark good
and evil, where
Canada should
step up to the plate
and defend human
rights ahead of high
But in the 21st century world
of globalized geopolitics, we
don't play Cold War games
It's a map drawn less with
the George Bush crayons of
"good" and "evil", and more
with a steady pallet of greys. It's
a world where we do business
with Russia, Saudi Arabia, and
China, not because we think
their leaders are swell and their
laws just, but because they have
oil, money, and cheap labour.
The time to protest China
hosting the Olympics was before
they got the Olympics. In 1993,
Beijing was denied the Games
because delegates still had
memories of Tiananmen fresh
in their minds. But it's too late
for that.
China got the Olympics, China is hosting the Olympics, China will put on an amazing show,
and there's very little we can do
about it except grit our teeth and
ignore the propaganda.
Depressing to consider as we
watch our finest athletes sprint
and swim for glory? You bet.
But then again, it's a good reminder that regardless of what
Olympic year it is, if you want to
watch competition at its purest,
and a celebration of sports at its
finest..you're probably better off
going to a Little League baseball
game. *2I March 28th,2008
The Ubyssey
UBC Swimmers aim for Olympic podium
Coach says an Olympic medal is a bigger
nrmmnlichmpnf fhnn \A/inninn ton cfrnirii
accomplishment than winning ten straight CIS titles
CIS female swimmer of the year Annamay Pierse is interviewed after her 200 Individual
Mediey victory during the CIS championships at UBC in February. She is already in Montreal
getting ready for Olympic trial, which begin Monday. Pierse is the current Canadian record
holder in both the 100 and 200-metre breaststroke events and is hoping to better those
times next week while making the Beijing Olympic team.
Quick Lq
-42 swimmers who train with Schoof all aiming to
earn a spot on the OlympiotterJ
-Olympic trials run April 1-6
-Opening ceremc
by Trevor D'Arcy
Sports Staff
UBC swimmers are poised to plunge into
the Canadian Olympic trials next week in
Montreal as they shoot for a spot on the
Olympic team for the games in Beijing this
In addition to competing near the top
ofthe CIS level, many current and former
members of the UBC swim team compete
against the best in the world, whether it
be at the World University Games, the
Commonwealth Games, or in the case this
summer, at the biggest and fastest meet in
the four-year cycle. While members have
medaled at other top competitions, head
coach Derrick Schoof is looking for his
athletes to climb the podium in Beijing
and prove they are some ofthe best in the
"This is what our program is about,"
said Schoof. "We're not just about winning
at the CIS [national] level, it's about having Olympians and international calibre
athletes on the team."
Schoof will accompany 42 UBC swimmers to Montreal this weekend as they
prepare for the Olympic trials. They will
face their compatriot rivals in the old 1976
Montreal Olympic pool from April 1st to 6th
and Schoof anticipates exciting results.
"We have a great chance. Our program
has been swimming very well for a number of years and we're at this sort of peak
right now," he said. "This is the best we've
ever been."
In particular, he said veteran Annamay
Pierse could go the distance to Beijing.
Pierse, who hails from Edmonton, recently broke a host of records as she took
the CIS championships by storm last February. Pierse was named female swimmer
of the year and helped the UBC women's
team win the competition for the 11th time
in a row. She will be competing in the 100
and 200-metre breaststroke and 200-metre individual medley in Montreal.
"It's great to race as a team, and to
swim fast," said Pierse, heading into her
third Olympic trials. "It was awesome to
swim as fast as I did and it showed really
well for what I'll do in Montreal."
What is more encouraging to note is
that Pierse was not swimming at her full
potential during the CIS meet.
"Annamay [Pierse] and Callum [Ng],
for instance, didn't shave and fully prepare for the CIS meet because their big
focus this year is the Olympic trials," said
Schoof. "They competed and they won, but
they didn't basically have to be at their
Ng is another swimmer Schoof described as an Olympic hopeful. Similar to
Pierse, Ng won the male swimmer of the
year following his performance at the CIS
"I have a pretty good shot. By no means
is it going to be easy," said Ng, adding that
it would not be "a surprise" if he made the
Olympic team, "but it will take a very, very
good performance."
Our program has been
swimming very well for a
Derrick Schoof,
UBC head swim coach
While the men's team lost to Calgary
during the nationals, many of UBC's top
swimmers opted to focus solely on the
Olympics this year.
Other UBC hopefuls not listed on the
varsity roster include Matt Hawes, Scott
Dickens and Brent Hayden.
In addition, Brian Johns graduated
last year and is still training out of UBC
aiming for the podium. He finished as the
most decorated athlete in CIS history last
year and has spent this year preparing for
"Brent Hayden right now is the world
champion in the 100m freestyle, so he is
the guy to beat," said Schoof.
UBC has such a wealth of talent, both
Ng and Pierse said their teammates
would pose the toughest competition in
Having such a talent base in a university is becoming extremely rare, Schoof
said. Only UBC and Calgary boast Olympic
calibre varsity teams, he said, with swim
clubs and centres providing the rest.
Nevertheless, Schoof admits, making
the Olympic team is "going to be tough."
"We feel like if a UBC athlete can do
something at the Olympics and get on the
podium or do something like that, that is
as much of an accomplishment as say winning ten years in a row," he said. "There
is no shoo-in. It's going to come down to
the day." \a
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Community Contribution Award
At the Ubyssey, we feel that a sense of community on campus is
important. Since 1998, we've been putting our money where our
mouth is, and offering $3,000 Ubyssey
Community Contribution Award. This annual award
recognizes returning UBC students who have made a
significant contribution to developing and strengthening a sense
of community on the UBC campus by:
1. Organizing or administrating an event or project, or
2. Promoting activism and awareness in an academic, cultural,
political, recreational, or social sphere.
The award is open to all returning, full-time UBC students, graduate, undergraduate and unclassified in good standing with the
Ubyssey Publications Society. For the 2007-2008 academic year,
we will award a $3000 award for a project. Deadline will be April
1 2008 and the award will be
disbursed to the successful candidate on April 10 2008.
Nominees for the award will be judged on:
1. The impact of the contribution made - the number of people
involved or affected.
2. The extent of the contribution - the degree to which it
strengthens the sense of community on campus.
3. The innovation of the contribution - preference will be
given to recognizing a new contribution over the
administration of an existing one.
4. The commitment of the individual to UBC as a
Nominations should include a cover letter by the
nominator, either an individual or a group, briefly
stating the nature of the contribution made, the
individual being nominated, contact information of the
nominator and the nominee and a letter (approximately 500
words in length) describing the contribution made and how
the above four criteria have been met.
Students are welcome to nominate themselves, but those
doing so must attach a letter of support from another member
of the campus community. The award will be judged by a
committee chaired by a representative of UBC Student
Financial Assistance and Awards office and members from
various parts of the campus community.
Deadline for submission of completed
nominations should reach the
Ubyssey, Room 23, SUB, no later than
Tuesday, April 1, 2008.
For further information, please contact
Fernie Pereira, Business Manager, The
Ubyssey, at (604) 822-6681 or email:
Ii i:
The U-Pass Contract is expiring!
• The March Referenda will ask you
to pay an increase of $1.75 per month
• If you don't vote "YES", UBC students
will lose the U-Pass
SUB Renewal Project: the Decision is up to Students
After extensive consultation with over 5,000 students,
the following became clear:
• More space is needed for student club offices, meeting
and study areas and lounge/social space
• The SUB needs to become more sustainable—it is the most used
building on campus, yet one ofthe least energy efficient
Please go to the Student Services Center
(https://ssc.adm.ubc.ca/) to cast your vote. Log in, and then scroll to the bottom ofthe menu and
click on WebVote under the "Other" menu headings. Click the "Cast Vote" button, and then cast
your vote in each ofthe Referenda.
Online voting ends at 5 pm on Monday March 31st.
Imagine \bur Space
Paper Balloting:
Keep an eye out for poll booths around campus on March 31st.
Be sure to bring your student card when you vote by paper ballot.
For more information, please visit
or email referendum@ams.ubc.ca theubysseymagazine
March 28th, 2008
Student Court decides to disqualify Lougheed
AMS Council overturns decision
by Boris Korby and Justin
News Editor and News Staff
The AMS Student Court decided
Wednesday afternoon that current Alma Mater Society (AMS)
VP Academic Alex Lougheed
should be removed from office
for casting four paper ballots for
himself in January's student elections. However, later that same
day, AMS Council overturned the
decision by a 23-8 margin, leaving Lougheed as the 2008-09 VP
The decision appears to mark
the end of a tumultuous six-week
process, which originated when
Nathan Crompton, runner-up in
the 2008-09 VP Academic race,
made his appeal to the court
that Lougheed had violated AMS
rules in casting multiple ballots.
Ultimately, in a three to one decision (with one abstention), the
Student Court concluded that
"Mr. Lougheed's testimony that
he voted multiple times as a protest against the lack of secrecy
in the balloting system is not
only irrelevant, it is very shaky,"
that "Mr. Lougheed voted four
times in violation of the AMS
Code," and that ultimately, "Mr.
Lougheed be disqualified from
the election, and the matter of
how the position of VP Academic
should be filled is referred to the
AMS Executive to deal with as
they see fit."
The Student Court decision came mere hours before
Wednesday's AMS Council meeting. With little time to digest the
ruling, councilors were forced
to decide whether to accept the
Student Court decision, which
would have paved the way for a
by-election during April exams,
or to reject it, leaving Lougheed
as the VP Academic.
What ensued was a civil, if
contentious ninety-minute debate by the AMS Council. One of
the strongest supporters of ignoring the ruling was Arts representative and former AMS Executive
Matthew Naylor, arguing that "by
not accepting [the resolution], we
are accepting the democratic rule
of the people," alluding to the
fact that Lougheed won the most
votes in the recent election.
For his part, Lougheed remained mostly silent during
the debate except for a few brief
remarks that he had difficulty
getting out.
"I just want to tell everyone to
please be more respectful. This
has been incredibly rough on
me and aside from that...," said
Lougheed before being unable
to continue. "That's all I want to
say," he finished, barely able to
contain his emotions.
The importance of the decision was not lost on either the
AMS councilors, nor the many
students who attended the meeting to voice their concerns to
council. One of those students
at large was Margaret Orlowski,
who was adamant that the AMS
should respect the ruling of the
"People said they were going
to respect the Court's decision.
They were prepared to respect
the decision then. I think it's very
irresponsible to say that you're
going to discard it now just because you don't like it," she told
those in attendance. "If Council
tries to go over their head and
reject the court's decision, it's
going to be  acting corruptly...
AMS students are going to see
this as very fishy and improper
behavior. Can you imagine any
form of government, provincial
or federal, disregarding a court's
decision...this would be a huge
scandal. A real government
would lose its legitimacy and you
will lose your legitimacy. You
will alienate your constituents
even more, and people will think
even less of the AMS than they
already do."
In the end, the motion to
remove Lougheed failed with
relative ease, and following the
decision, AMS president Michael
Duncan said he was just happy
the whole ordeal had reached its
"I'm very much relieved. I
we can work together throughout
the summer...we can get our goal
setting together, we can get our
team together, and it's really tak
en a lot off me. I know it's taken
a lot off of everyone. We were
just waiting for the decision to be
made because we just wanted it
to get don
e and that's the sentiment of
the entire executive."
For his part however, Crompton, the runner-up in the original
VP Academic election, vowed
to fight on, calling the decision
"Probably the biggest scandal
certainly in my time here, but
probably the biggest scandal in
the history of the AMS Council."
In particular, he alleged that Colin Simkus, the lone dissenting
judge in the Student Court case,
leaked the ruling of the court
to AUS representative Matthew
Naylor ahead of time—which
Crompton claims Naylor then
used to manipulate AMS councilors ahead ofthe vote.
"This is an allegation I'm
making and not an accusation,
and I'm going to be filing a Freedom of Information claim to both
Colin and Matthew".
For his part, Naylor denies
the accusations, saying that "I
think the people who are [making these allegations] are malicious and are really unfairly
maligning a person of incredible
integrity, Colin Simkus, who has
been absolutely silent throughout this entire process. I received
the ruling exactly when the rest
of council did."
The decision of the AMS
seems to ensure that Alex
Lougheed will remain VP Academic for the extent ofthe 2008-
09 term, and Lougheed, after a
six-week ordeal that has seen his
character be repeatedly attacked,
was looking forward to a weekend free of controversy.
"I plan on surrounding myself with friends, a bit of alcohol,
and just trying to relax." vl
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