An Update on Transgender Issues in Sport

I have written in this space previously about the issue of gender and sport (2012, 2010, 2006), and given developments over the last year or so, I … [Read more...]

Getting the most out of your insurance programs

In recent risk management workshops with National Sport Organizations (NSOs) as part of the Canadian Centre for Ethics in Sport’s Risk Management … [Read more...]

Game ON: Ontario’s New Sport Recognition Policy – 25-Point Checklist for PSOs

In our previous post about Game ON, we discussed the policies that Ontario Provincial Sport Organizations (PSOs) will need to have in order to be … [Read more...]

The Silence of Our Friends

By Rachel Corbett. I have been very impressed by the Harassment in Sport blog series presented by the Coaching Association of Canada, the Canadian … [Read more...]

Criminal Record Checks – A Discussion For Every Sport Organization

Are Criminal Record Checks (CRCs) really necessary? Since they take time and effort for a volunteer to obtain, and they cost money, this is often the … [Read more...]

Sport Events & Risk Management – More Than Just a Broken Arm

Hosting a successful sport event involves many factors, some of which involve taking risks or exposing your organization to potential risks. … [Read more...]

Accountability in Appeals Management: Who Watches the Watcher?

The Sport Law & Strategy Group has been handling internal appeals for sport organizations for over twenty years. Our task is to ensure procedural … [Read more...]

Coaches’ Liability and Responsibilities to Athletes

Regardless of their certification level, experience, employment or volunteer status, sport discipline, or location, coaches have a legal obligation to … [Read more...]

Ontario Fitness & Recreation Organizations targeted in upcoming government blitz

Are you prepared?  The Ontario government recently announced that they will be conducting a targeted Employment Standards Act enforcement blitz. The … [Read more...]

Human Resources – Challenges and Pitfalls in Managing this Vital Resource

People are the lifeblood of any organization whether they are paid staff, Directors, or volunteers. Without their passion and commitment, many of the … [Read more...]

Athlete Appeals: Should You Help?

Athlete appeals: Should you help? How to determine when to go to bat for your athlete and when to step aside Appeals by athletes are most often on … [Read more...]

CASL Part II – What it Means for RCAAAs

Building on the March 25 posting by LeeAnn Cupidio, we wanted to delve a little further into the somewhat confusing situation faced by Registered … [Read more...]

The Ins and Outs of Unpaid Intern Positions

With the summer intern recruitment push now upon us, this might be a good time to get some clarification on the status of unpaid internships. An … [Read more...]

New Anti-Spam Legislation – What Does it Mean for Sport Organizations?

Canada’s Anti-Spam Law* (CASL) was passed in December 2010 and is expected to come into force on July 1, 2014. Once in effect, the CASL is intended to … [Read more...]

Update on the Use of Religious Headwear during Soccer Matches

We have been following this issue since it first arose in 2012, when the Quebec Soccer Federation (QSF) issued a rule prohibiting its players from … [Read more...]

What Goes Around, Comes Around

I have been blogging about the Sochi Olympic disputes that went to the Ad Hoc Court of Arbitration (CAS), which heard disputes during the course of … [Read more...]

SDRCC Arbitrator Rejects Another Case for Being Out of Time

Last month, a third decision was reached in a SDRCC (Sport Dispute Resolution Centre of Canada) case on the issue of lack of jurisdiction due to a … [Read more...]

When Rough Play Becomes Assault

The use of criminal law to regulate the conduct of sport participants has a long history, within which Canada is noted as being unique in using … [Read more...]

Following Olympic Disputes: 2014 Sochi Winter Olympic Games

The Olympic Games are underway and the Court of Arbitration for Sport (CAS) is on-site hearing all matters that arise.  The decisions and reasoning … [Read more...]

Athletics Canada – One Organization’s Experience with Dispute Management

This post features an interview I did with Scott MacDonald and Rachel Corbett. Scott is the High Performance Director for Athletics Canada (AC), a … [Read more...]

Dependent Contractors: A Third Employment Relationship with Legal Concerns for Sport Organizations

"Dependent contractor" - this is a third category of employment relationships that we rarely discuss, and most organizations have never heard of, but … [Read more...]

Jurisdiction, Turbans, and Soccer in Quebec

Since last year, the Quebec Soccer Federation (QSF) has prohibited its players from wearing turbans and other religious headgear. This April, the … [Read more...]

Who’s the Piper: Dual Loyalties of Directors?

The Situation A director of a sport organization is appointed to the board because of his or her position in another organization or because that … [Read more...]

Discipline Decisions – To Disclose or Not to Disclose?

Should organizations make discipline decisions and sanctions public knowledge? We often act as a neutral third party to handle an organization’s … [Read more...]

The Myths and Realities of Conflict of Interest in Sport

Late in 2011, Marie-Claude Asselin of the Sport Dispute Resolution Centre of Canada (SDRCC) wrote an informative and practical article on conflict of … [Read more...]

CCES Publishes Exploratory Paper on Gender Inclusivity

In late October 2012 the CCES (Canadian Centre for Ethics in Sport) released its report, Sport in Transition: Making Sport in Canada More Responsible … [Read more...]

Gender Identity in Sport

LawNow magazine has just published my recent article on gender identity and sport. Here is a link to the full article. … [Read more...]

Including Transgender Athletes in Sport

I would like to heartily congratulate the Canadian Collegiate Athletic Association (CCAA) for creating an inclusive policy at their most recent annual … [Read more...]

Off-Side: Additional Penalties for Doping Infractions Struck Down

We have confirmation... for a second time the Court of Arbitration for Sport (CAS) has struck down additional penalties for doping infractions that … [Read more...]

Olympic Team Selection – What Your NSO Needs to Know to Be Dispute-Ready!

By Rachel Corbett and Kevin Lawrie. The 2012 London Olympic and Paralympic Games are fewer than 90 days away and many NSOs are preparing to select, … [Read more...]

Income Tax Act Revisions Impose New Requirements on NSO Directors

We last wrote about RCAAAs (Registered Canadian Amateur Athletic Associations) in February 2012, noting that recent changes to the Income Tax Act have … [Read more...]

Defamation 2.0

In April 2011, the Supreme Court of Canada published a significant new ruling related to defamation and hyperlinks.  In the ruling, the Court decided … [Read more...]

Lessons from the Ottawa Rapidz Case: Contracts that Help and Contracts that Don’t

Introduction An interesting sport case has been playing itself out in the Supreme Court of Canada. The case highlights the importance of seemingly … [Read more...]

The Permanency of Social Media

Organizations and individuals are frequently re-learning that posting something on social media ensures the near-permanent existence of that … [Read more...]

Harassment Issues in Sport – from 1994 to 2012

In 1994, Rachel Corbett wrote a handbook on Harassment in Sport that was distributed to NSOs and other amateur sport organizations around the country. … [Read more...]

Tripped Up By Tape

Sometimes the most innocuous situations create the biggest problems. This was true in a recent case that took place in Halifax, Nova Scotia. Thanks to … [Read more...]

Reflections on Penn State, Scouts Canada and Graham James

I have just finished reading Theo Fleury's book, Playing With Fire. I have owned this book for two years, but never took it off my shelf. However, in … [Read more...]

Violence and Harassment in the Workplace – Compliance

Last month we gave a presentation to the membership of the Sport Alliance of Ontario (SAO) relating to the requirements of the newly legislated … [Read more...]

Proposed Changes to the Income Tax Act to Affect RCAAAs

The federal government is in the final stages of reviewing changes to the Income Tax Act that will affect Registered Canadian Amateur Athletic … [Read more...]

Important Lessons for NSOs in Recent CAS Decision

What can Canadian sport organizations learn from a recent decision of the Court of Arbitration for Sport (CAS)? As it turns out, a lot, at least from … [Read more...]

Avoiding Uncertainty in Policies and Contracts

We know ... writing and reading policy documents and contracts can be boring and tedious. I can attest to this as I have spent the last several months … [Read more...]

International Weightlifting Federation (IWF) Paves the Way in Creating a More Inclusive Sport Environment

I am in Ottawa this weekend participating in the centennial celebrations of the Canadian PGA, and I had the opportunity to have lunch with my friend … [Read more...]

PIPEDA Review Should Focus on “Networked Publics”

Recently the Office of the Privacy Commissioner of Canada released its annual report to Parliament on the Personal Information Protection and … [Read more...]

Determining Notice Periods: Length of Service is Only ONE Consideration

We are often asked to help sport organizations determine appropriate notice periods where employees are being released without cause. This can be a … [Read more...]

OFSAA Eligibility Policy Discriminatory? Or Just a Poor Fit With Organization’s Mandate

Direct discrimination on well-known prohibited grounds is typically easily discerned. For example, it is well-known, if not always accepted, that … [Read more...]

Private Information on Work Computers and the Need for Clear Policies and Procedures

By LeeAnn Cupidio and Steven Indig If your organization does not have a technology policy in place to deal with the use of electronic devices such … [Read more...]

Saskatoon Blades (and Blades’ Fans) Get It Wrong on Facebook

Recently there was outrage in Saskatchewan when a fake Facebook account purportedly belonging to Saskatoon Blades' hockey star Brayden Schenn posted … [Read more...]

Case Comment: Voorhorst v. Canadian Soccer Association – A Bylaw That Went Too Far

The Alberta Court of Appeal has reminded us in no uncertain terms that sport organizations span style="text-decoration: underline"cannot/span, through … [Read more...]

Discussion Paper on Abuse, Harassment and Bullying in Sport

This position paper was prepared by the Canadian Academy of Sport and Exercise Medicine (CASEM) Women's Issues in Sport Medicine Committee. It … [Read more...]

The Transgender Athlete – A New Resource

Conversations about gender identity and transgender athletes are definitely going mainstream these days. Just recently there have been two high … [Read more...]