Women ski jumpers lose 2010 appeal

B.C. court unanimously denied bid

By Bob Mackin, SUN MEDIA

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Ski jumper Meaghan Reid and lawyer Ross Clark leave after a B.C. Court of Appeal denied a bid to have women's ski jumping included in the Vancouver 2010 Winter Olympic Games. (CANADIAN PRESS/Darryl Dyck)
IN DEPTH

VANCOUVER - The battle to bring women's ski jumping into the 2010 Winter Olympics may be over.

On Friday, a British Columbia Court of Appeal tribunal unanimously denied a bid to overturn a July decision by a lower court.

The panel, led by Justice Anne Rowles, heard arguments over two days at the Law Courts and delivered the oral verdict after a half-hour, late afternoon adjournment. Written reasons will be published next week, Rowles said.

Ross Clark, lawyer for 14 female ski jumpers, sought a non-binding declaration that the Games were a government-activity delegated to VANOC. VANOC, he claimed, is obliged to respect the Charter of Rights and Freedoms. The Games open Feb. 12 with a men's ski jumping competition at the $122 million, taxpayer-funded Whistler Olympic Park.

Clark was appealing the July 10 ruling by B.C. Supreme Court Justice Lauri Ann Fenlon, who agreed the International Olympic Committee discriminated when it decided in 2006 against adding a women's ski jumping division for Vancouver 2010. Fenlon, however, said the Switzerland-based IOC was beyond the reach of Canada's Charter of Rights and Freedoms.

The International Ski Federation voted 114-1 in May 2006 to recommend women's ski jumping for Vancouver 2010, but the IOC executive board added only ski cross when it voted in November 2006.

Defence lawyer Tim Dickson told the court that the women were not being denied a benefit of the law because the Games are not a government activity and VANOC has no control over choice of sports or athletes.

"The opportunity to participate can only be given by the IOC," Dickson said. "VANOC does not distribute the opportunity to participate, no government in the world distributes the opportunity to participate."

He said the declaration Clark sought would have given the IOC three options: add a women's event, cancel the men's or move the competition to another jurisdiction.

"It would be tragic to take away the opportunity to compete at the 2010 Winter Games from the male ski jumpers," Dickson said.

Countered Clark: "It is complete speculation how the men would be handled. It is only obstinence of the IOC that would achieve the result of frustrating the men."

Outside the court, Clark said the only option left is an appeal to the Supreme Court of Canada, but he would not comment before reading the judgment.

"It just doesn't make sense at all," said American Lindsay Van, on of 14 plaintiffs and the reigning world champion. "How do you justify such a thing? It's 2009 and the Canadian courts can't even uphold their own laws about discrimination and equality."