Davis Lawyers Hope Appeal Lands Women Ski Jumpers in 2010 GamesPublished: Thursday, 27 August 2009 In their appeal to the B.C. Supreme Court, Ross Clark, Q.C., and Jeff Horswill argue that VANOC cannot host only men's ski jumping events at the 2010 Winter Olympics on the grounds that doing so contravenes the Canadian Charter of Rights and Freedoms. Earlier this year, Justice Fenlon of the BC Supreme Court found the Vancouver Organizing Committee (VANOC) is not in breach of the Canadian Charter for not including a women's ski jumping event at the upcoming Olympics. She found that although the IOC decision to exclude women is discriminatory, the decision rests with the International Organizing Committee (IOC), not VANOC; therefore, VANOC is not in breach of the Canadian Charter. Davis lawyers have since filed an appeal, arguing that if VANOC hosts only men's ski jumping, it is breathing life into the IOC decision, thereby violating the Charter. "Our position has always been that since the Charter prohibits VANOC from hosting an unconstitutional ski jumping events - ones for men only - VANOC must refuse to do so," says Clark. "We hope the court concludes it would breach the Charter to host men's ski jumping without at least 1 women's event," adds Clark. If so, it will be up to the IOC to decide whether to cancel jumping, include a women's event or move the ski jumping to a more amenable jurisdiction. |
Associated LawyersD. Ross Clark, Q.C. Jeffrey Horswill |