The Advance Notice Policy that was adopted by the directors last year, before the AGM, was not in force and could not be a provisional instrument utilized by the management last year. It required shareholder approval under the applicable Securities Act and there was no box on the Proxy to tick "for" or "withhold". So, the Advance Policy was never in force and did not have to be adhered to, and any judge that may have supported any argument containing any portion of the Advance Notice Policy, was in fact quoting and supporting a document that was not in force. Any decisions a judge may have made around this policy, would be invalid and could not possibly be sustained. This Advance Notice Policy is still not in force today for SLI, and cannot be used until it receives shareholder approval.

As we were mislead in believing it was approved last year by these 2 statements from this news release; "The Policy is effective as of the date it was approved."

"The Company also announces the approval by its Board of Directors on September 27, 2012 of an advance notice policy (the “Policy”) regarding meetings of shareholders."

http://steliasmines.com/?p=1484

"For British Columbia companies, advance notice provisions have recently been adopted by way of a policy of the board.2 Such a policy, which is effective upon adoption by the board, is put to shareholders for approval, on the basis that the policy would cease to be effective at the conclusion of the shareholders' meeting (and therefore after the election of directors) if not approved by shareholders at that meeting."

"2 The reason for this is due to the manner in which the constating documents may be amended under the Business Corporations Act (British Columbia) ("BCBCA"). Companies governed by the BCBCA have "notice of articles" which contain prescribed information such as the company's name, names and addresses for each of the directors, registered and records office address, authorized share structure and whether there are special rights or restrictions attached to a class or series of shares. The articles of a company incorporated under the BCBCA set out the general rules governing the company's internal affairs and the restrictions, if any, on the businesses that may be carried on by the company and the power that the company may exercise. The company adopts its notice of articles and articles at the time of incorporation and in order to amend the notice of articles or articles, as the case may be, the company's shareholders must approve (in most cases by special resolution) the amendment prior to such amendment becoming effective. Under the CBCA, the OBCA and in most other provincial or territorial corporate statutes in Canada, the "articles of incorporation" contain prescribed information such as the corporation's name, authorized share structure, whether there are special rights or restrictions attached to a series of shares and the restrictions, if any, on the businesses that may be carried on by the corporation. The by-laws under such corporate statutes are adopted post incorporation and set out the rules of the corporation's conduct, subject only to confirmation (or rejection) by the corporation's shareholders. By-laws are roughly similar to the articles of a company incorporated under the BCBCA but the key difference between by-laws and articles is that by-laws become effective immediately upon director approval and are subject to confirmation (or rejection) at the next meeting of shareholders by ordinary resolution whereas any amendment to the articles of a company incorporated under the BCBCA is subject to shareholder approval (in most cases by special resolution) and the amendment is effective only upon the requisite shareholder approval being obtained. As a result, the implementation of an advance notice by-law would not take effect immediately and would therefore not apply to the meeting at which the by-law is being approved. Although the QBCA has a similar structure to the CBCA and the OBCA, as outlined in footnote 1, advance notice by-laws under that statute may also not be effective until shareholder approval has been obtained."

http://www.mcmillan.ca/advance-notice-by-laws-part-III-advance-notice-by-laws-gain-greater-acceptance-in-Canada-sample-updated-by-law