As some of you may know, a member of the Post-Graduate Students’ Society (PGSS) has filed a lawsuit against the PGSS, naming McGill as an interested party, seeking the nullity of certain motions adopted by the PGSS.
The motions in question are a PGSS Council motion to “stand in solidarity with Palestine” (December 6, 2023), and three motions presented at the PGSS Annual General Assembly numbered 7.1, 7.2 and 7.3 (February 7, 2024). McGill understands Motion 7.2 is not being implemented by the PGSS and Motion 7.3 has been amended.
The motions all refer to measures the PGSS resolves to take in connection with what it refers to as “settler-colonial violence and genocide against the Palestinian people”, including measures that McGill considers to be outside the PGSS’ jurisdiction and contrary to both PGSS’ governing documents and McGill’s policies.
The relationship between the PGSS and McGill is premised on a Memorandum of Agreement (MoA). The MoA requires PGSS to respect its core governing documents, including its own bylaws, as well as McGill’s policies. Failure to do so puts the PGSS in default of its commitments under the MoA
McGill’s position in the litigation is that, in pursuing the motions at issue, PGSS is acting contrary to its purpose as defined within its governing documents. This in turn is inconsistent with PGSS’s responsibilities under its MoA with McGill, which is the basis for PGSS’s relationship with McGill.
In addition, McGill takes the view that the motions in question contravene the University’s Policy on Harassment and Discrimination, and this would be a further event of default under the MoA.
For these and other reasons, McGill takes the position that the motions are null and void, and that their implementation would trigger a notice to the PGSS of an event of default in accordance with s. 12.1.2 of the MoA.
The PGSS has been informed of McGill’s position.
McGill believes in the value of the PGSS’ representation of all graduate and postdoctoral students at our university. McGill’s leadership is continuing to dialogue with the PGSS executive in the hopes of reaching an amical resolution through measures that would avoid having McGill note the PGSS in default under the MoA.