…with all due apologies to Van Halen. What would a Winter Olympics in Canada be without ski jumping controversy? In Calgary in 1988 the world watched as Eddie Edwards flew like an eagle. In response to that the IOC instituted minimum requirements for competitors to take part in Olympics and placed more severe restrictions on competitors qualifying for Olympic competition. In 2010, the ski jumping controversy for Vancouver is the IOC's refusal to allow women's ski jumping as an event in the Olympics. In a sense the restrictions that came out of the Calgary Olympiad of 1988 indirectly led to the controversy surrounding ski jumping for the Vancouver Olympiad in 2010.

These events have been commented upon widely and I do not want to add more commentary here, merely to provide the links necessary for one to form their own opinion. In short, the IOC found that women's ski jumping does not meet the criteria for inclusion in the Olympic Games. A group of women's ski jumpers took the Vancouver Organizing Committee to court stating that this is a breach of s. 15 of the Canadian Charter of Rights and Freedoms. I caution you that this is a very brief attempt at summary because I do not wish to have a 20,000 word post. Suffice to say that there is a bit more nuance to it than this summary, so in short; the BCSC found that the inclusion of the men's event and not the women's was discriminatory but the IOC fell outside the jurisdiction of the Canadian Charter. Again, in short, the BCCA affirmed this decision. On December 1, 2009 the group of women's ski jumpers filed application for leave to appeal to the SCC. A couple of pieces of information to arm you with, from paras.16 & 17 of the CA case:

[16] The “Olympic Programme” refers to the slate of sports, disciplines and events that are held during the Olympic Games. In the Olympic context, skiing is a sport, ski jumping is a discipline, and women’s 90-metre ski jumping is the event the appellants want added to the Programme.

[17] Rule 47 of the 2004 Olympic Charter provides that the IOC determines which sports, disciplines, and events are included in the Games. It does so seven years before the Games in respect of sports, and three years before the Games in respect of disciplines and events. The IOC’s Executive Board makes the decisions as to disciplines and events and does so on the advice of an expert Olympic Programme Commission.*


*I did not have much success looking for the Olympic Programme Commision report in respect of disciplines and events on the Vancouver Olympics, found the report for Turin but not Vancouver.

The last piece of information to look at is the Olympic Charter itself. Particularly, sections 46 & 47 of the Charter and the by-laws pursuant to those sections, which are in regards to the Olympics Programme and the Technical Responsibilities of the IFs at the games. (IF = Olympic jargon = International Federation). And if you enjoy irony have a look at principle 5 of the Fundmental Principles of Olympism (who knew Olympism was a word?).

With the prospect of Quebec City making a bid for the Winter Olympics one can only guess at what the ski jumping controversy might be there.

Mark Lewis is the Reference/IT Librarian at the Sir James Dunn Law Library at Schulich School of Law at Dalhousie University. Mark became a Slaw core contributor in 2005 and has a healthy appreciation for the legally absurd.
[click on the author's name for more information]

up

2 Comments on “Don't Go Ahead and Jump”

  1. Mark says:

    SCC Judgement on Leave application to be announced tomorrow (Dec 22nd) at 9:45am.

    http://scc.lexum.umontreal.ca/fr/news_release/2009/09-12-21.2a/09-12-21.2a.html

SlawTips      

SlawTips Use join.me to Get on the Same Page Across the Web
Wednesday, February 8

When you need to collaborate on a document displayed on your screen, it’s great to have a colleague from down the hall come into your office and look over your … »»

Technology

SlawTips Top 10 Financial Errors: #8 Always Assume More Risk Than Needed
Friday, February 3

You should assess whether you can accept the financial risks associated with taking the matter, just as clients will assess whether they can (and will) pay your fee. Spend time at the beginning of the. […] »»

Practice

SlawTips Seeing New Federal Legislation
Wednesday, February 1

Today’s Tip is a simple reminder to view by “latest activity date”. The Parliament is back in session and those Slaw Tips readers for whom monitoring legislation is a regular … »»

Research

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Banks and Banking - Liability of banks to third parties - Negligence - General

    The plaintiffs were the former shareholders of a company that failed. They sued the defendant bank alleging that it breached its contract with the company and the plaintiffs and breached a duty ...

  • Actions - Cause of action - General principles - New or extended cause of action - Opening of floodgates

    The plaintiff and defendant worked at different branches of the same bank. The defendant’s common-law husband was the plaintiff’s ex-husband. Over a four year period, the defendant ...

  • Aliens - Definitions and general principles - Immigration consultants

    The Canadian Society of Immigration Consultants (CSIC) had been designated as the sole regulatory body of immigration consultants in Canada from 2004 until June 2011. On June 30, 2011, Bill C-35 came into force, which significantly amended ...

  • Criminal Law - Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Possession of child pornography

    The accused was convicted of making child pornography available and two counts of possession of child pornography (see [2010] Sask.R. Uned. 197). Subsequently, he was sentenced ...

  • Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices

    Rowe was convicted by a jury of five offences. He appealed.

    The Ontario Court of Appeal allowed ...

  • Narcotic Control - Offences - Possession - General

    The accused wished to access marijuana for medicinal purposes but did not have an authorization to possess marijuana issued under the Marihuana Medical Access Regulations. He was notified that a package of marihuana addressed to him had been ...

  • Narcotic Control - General - Legislation - Exemptions - Medicinal marijuana

    McCrady, who had an application pending under the Marihuana Medical Access Regulations (MMAR) to possess and grow marijuana, was convicted of possession of marijuana (Controlled Drugs and Substances Act (CDSA), s. 4(1)). Hearn pleaded guilty ...

  • Criminal Law - Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking)

    The accused pleaded guilty to one count of possession of marijuana for the purpose of trafficking. He was sentenced to 30 days’ imprisonment to be served intermittently and 11 months’ ...

  • Municipal Law - Powers of municipalities - Particular powers - Imposition and collection of taxes or fees 

    Catalyst Paper Corp. operated a paper mill in the District of North Cowichan. Catalyst objected to the tax rate that it paid compared to residential ratepayers. In 2009, the ...


law foundation icon

The re-development
of Slaw is assisted by
a grant from the
Law Foundation of Ontario

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.

Switch to our mobile site