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MONTREAL (CUP) — The Concordia Student Union isn’t waiting for the Canadian Federation of Students to approve their request to hold a referendum over leaving the organization.

On Feb. 25, CSU president Amine Dabchy issued a presidential decree to add, "Are you in favour of continued membership in the Canadian Federation of Students?" as a referendum question in the CSU March election.

CSU bylaws require a 25-day delay to issue a general public notice of a poll for the general election. The decree was issued as a way to bypass the CSU council — the legislative body of the CSU, who could not meet in time partially because of the reading week break — to assure the referendum question made the election ballot.

But whatever the result of the election — whether Concordia undergrads decide to stay with or leave the federation — the whole process might just be for show.

Because there is no provision in the CFS rules for presidential decrees, CFS treasurer Dave Molenhuis called the CSU's attempt at a referendum already "outside the bylaws."

"Our rules are very clear," said Molenhuis, who is also incoming president of the national federation, which is Canada’s largest student lobby group. "And the rules of the federation have to be adhered to for a referendum."

Molenhuis explained that in accordance with CFS bylaws, referendums must be administered by a four-person oversight committee that includes two members appointed by the federation. Because the referendum was called by decree, the question of whether an oversight committee will come into existence is a hypothetical one at this point, he said.

Dabchy said he is neither surprised at Molenhuis' reaction, nor is he confident those two bodies will be provided for the oversight committee.

"If they don't appoint the two members, we'll use two from the CSU," he said. "We're following the rules. We're trying, inviting them to help us follow the bylaws. But it's going to be a fight. Like always."

Numerous CFS bylaws have, however, been adhered to in the process of preparing a referendum at Concordia. The proper phrasing is being used for the referendum question, and a minimum-10 per cent petition encouraging the referendum has been submitted to the national organization.

Concordia completed a petition with 5,357 students' signatures (roughly 17 per cent of undergrads) and had it delivered by bailiff to the CFS’s national office on Oct. 19.

However, further complications arise with the CSU’s referendum because of a new bylaw adopted at the CFS general meeting in last November, which took place more than a month after the CSU's petition had been delivered.

Among other changes, the new bylaw limits the number of CFS membership referendums in any three-month period to two total nationwide, and increases the number of required referendum petition signatures from 10 per cent of a member local’s student population to 20 per cent.

“We did not retroactively disqualify petitions according to when they were held,” said Molenhuis, but he noted that the new threshold for referendums would be adhered to.

With dates already awarded to Alberta College of Arts and Design Students' Association and to the McGill University Post-Graduate Students' Society, the CSU may have to wait, along with the eight or so other student associations that have been running campaigns to examine exiting the federation.

But Dabchy said he is ready to fight as hard and as long as is necessary to end the CSU’s membership, which costs students at the school over $300,000 annually.

The CSU’s push for a referendum comes on the heels of a legal memorandum sent by the national federation to their office on Feb. 10 claiming $1,033,278.76 in unpaid membership fees.

“They can't keep us locked in. Students have expressed the will to get out. If (CFS) won't let them, we will."

Without hesitation, Dabchy said he would take any further roadblocks to a judge.

"Getting out of the federation is my priority number one.”