The voting may have ended months ago, but the two sides of the Canadian Federation of Students (CFS) referendum are still battling.

The validity of the referendum, which saw U of T students approve joining the CFS last November, has been called into question by Jim Delaney, assistant director of Student Affairs. In order for the referendum result to go through, it must first be brought up at the University Affairs Board meeting to be voted on, a duty that would normally fall under Delaney’s jurisdiction.

Upon prodding from the ‘No’ campaign (those students who did not want to join CFS), Delaney has called into question the fairness of the referendum’s campaigns, and may not table the motion at the meeting.

CFS Ontario head Joel Duff called Delaney’s decision “shocking,” noting that the Yes side and the CFS had spoken to him all throughout the campaign to make sure the process was constitutionally sound. “For him to turn his back on us now is strange and suspicious,” said Duff, adding “this process has been the same with student unions across the country and it’s never been called into question in the past.”

Among Delaney’s complaints was the make-up of the Joint Referendum Committee (JRC), composed of two Student’s Administrative Council (SAC) members and two paid CFS members. The No campaign constantly complained about this mix during the election, arguing that it was biased in favour of the CFS, and that their posters (which had to be approved by the JRC) were being unfairly scrutinized.

For Duff, Delaney’s change of heart is stunning. “He examined it [the JRC’s constitution], told us it was fine.” He says the CFS plans on meeting with Delaney in order to clear up the situation.

Asked if the CFS would sue in order to get the almost $500,000 in union fees that U of T would owe next year, Duff said “I’m not prepared to entertain that,” saying he would rather solve the problem “politically, not legally.” One option is to have someone besides Delaney bring the motion to the University Affairs Board. According to Peter Josselyn of the No campaign, Trinity College student governor and board member Dure Hanif, who he claims is “very pro-CFS,” could step up to the plate. Should this happen, and the board approves the move to join CFS, the No side only has one more opportunity to sink the deal when the motion comes before Governing Council.

Josselyn says the No campaign has been planning to drag out the proceedings since the beginning. “We knew that we were not playing on a level field, so we had some contingency plans.”

But Duff isn’t ready to give up yet either. “The administration is potentially overturning the decision of the students,” he said. “We’re not going to let this go.”