On July 10, 2009, the 15 women ski jumpers (the Skiers) suing the Vancouver Organizing Committee (VANOC) lost their bid for inclusion in the 2010 Olympic Winter Games in Vancouver/Whistler. Madame Justice Fenlon, of the BC Supreme Court, did however find that the omission of female ski jumpers is discriminatory but that control over which [...]
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Harassment – Some Definitions and Guidelines for Coaches and Athletes
The harm of harassment Harassment has been a “hot” issue in sport for many years. It’s not that harassment in the sport environment is new – it’s just that it is now more visible and is receiving more attention and discussion. When harassment occurs in sport, it denies people the right to be treated with [...]
Sex Discrimination in Sport: An Update
By Hilary Findlay In one legal ruling, an all female fitness club is not required to provide membership to a man, yet in another, a scholastic hockey league is required to allow a female player onto a boy’s team. Such seemingly contradictory decisions can leave sport leaders scratching their heads about what might, and might [...]
From Blainey to Pasternak: Are We Making Progress?
Today, as a general rule, girls will be permitted to play on boys’ teams unless there is a reasonable justification for segregating activity on the basis of their sex. The question at the root of this paper is whether the judicial consideration of gender discrimination cases in sport has actually enhanced opportunities for girls and [...]
Case Law Comment – Manitoba High Schools Athletic Association v. Pasternak et al. (2008)
Recently, there have been a number of situations that have raised questions about whether females can participate in all-male sport activities and, conversely, whether males can participate in all-female sport activities – and if so, under what circumstances. In our Fall 2006 Newsletter we reviewed the case of Pasternak v. Manitoba High Schools Athletic Association [...]
Seeing the Invisible, Speaking about the Unspoken – A Position Paper on Homophobia in Sport
Canada is a global leader in promoting sport environments and experiences that are safe and inclusive. Harassment, bullying, violence and homophobia undermine the powerful potential of sport to contribute to personal, social and community development. This position paper prepared by the Canadian Association for the Advancement of Women in Sport and Physical Activity (CAAWS) is [...]
IOC Consensus Statement on Sexual Harassment and Abuse in Sport
On 8 February 2007, the IOC Executive Board adopted a Consensus Statement on Sexual Harassment and Abuse in Sport (PDF: IOC Consensus Statement on Sexual Harassment and Abuse in Sport). The document flows out of an October 2006 conference on the topic convened by the IOC Medical Commission. At this conference, leading sports psychologists, sociologists, [...]
Changes to Ontario Human Rights Act
On 20 December 2006, the revisions to the Ontario Human Rights Act came into effect (Human Rights Code Amendment Act, 2006). In the past, the Ontario Human Rights Commission engaged in investigations, among other matters, and acted as a sort of gatekeeper for complaints going forward to hearings before the Ontario Human Rights Tribunal. A fundamental [...]
Case Comment – Pasternak v. Manitoba High School Sports Association (2006)
Most people have now heard about the Pasternak twins, who complained to the Manitoba Human Rights Commission when the Manitoba High School Sports Association (MHSSA) would not let them play on their high school boys’ ice hockey team. The Manitoba Human Rights Tribunal found that the Pasternak girls had been discriminated against on the basis [...]
Transgendered and Transitioned Athletes in the Sport System
This short piece is a challenge to the prevailing belief that transgendered and transitioned athletes will always have an unfair competitive advantage. The science is very slim on this topic and the purpose of this brief is to open readers’ minds to the possibility that athletes who undergo gender transition can be fairly and justly [...]
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