Recent revelations targeting abuse of all kinds in the sports world and sordid and degrading allegations of initiation practices in junior hockey raise a crucial question for the future of young athletes in Quebec: how to provide a healthy environment free from abuse our athletes? Action is needed: the creation of the Tribunal du sport du Québec.
These scandals hide a more general problem with the culture of sport which is too often characterized by the absence of transparency, omerta and abuse of power. To lift the veil on these practices and put an end to them, the Quebec sports community must have an independent tribunal.
Currently, there is no independent and transparent tribunal in Quebec, offering the required expertise that would make it possible to shed light on abuses in the sports world – with the exception of the criminal courts. This gap leaves countless children, adolescents, athletes, volunteers and parents vulnerable, preventing them from obtaining fair and just redress. Monopolistic sports organizations are thus very poorly supervised, maintaining a climate of opacity conducive to abuse.
Conflicts between federations and their members – clubs, athletes, coaches, etc. – are thus subject to the goodwill of the internal regulations process of the federations. This situation poses significant problems with regard to the independence, transparency and effectiveness of these bodies.
Indeed, their decisions are not subject to any rules of publicity or credible right of appeal, thus encouraging a culture of silence and even retaliation against complainants. For example, a coach suspended by his provincial federation for inappropriate behavior could continue to supervise children, without it being possible for a parent to know about it.
Moreover, these internal committees raise legitimate questions about their independence since they are generally appointed by the federation, whereas they must judge its behavior. The distance required to render unbiased decisions then becomes difficult to present, even on the surface.
The judicial bodies of the federations are also dependent on the generosity of people who wish to act voluntarily to sit on these committees. Although brave and in good faith, these people do not necessarily have the necessary legal knowledge, the specific experience or even the many hours of volunteer time required to carry out their task properly.
An independent arbitral tribunal
To remedy this power imbalance, the establishment of a Quebec Sports Tribunal would ensure oversight of all sports federations and their sanctioned leagues – the Quebec Major Junior Hockey League, for example – in order to offer a simple, efficient and rapid settlement mechanism that responds to the particularities of the sports environment.
Quebec should draw inspiration from Canada’s legal counterpart, the Sport Dispute Resolution Center of Canada (SDRCC), which for more than 20 years has provided the Canadian sport community with an independent, impartial, rapid and cost-effective service for dealing with disputes between national federations and their members.
Through public and detailed decisions, the SDRCC has made it possible to impose minimum standards to which national federations are bound towards the sporting community, in particular the duty to render decisions that are transparent, clear, predictable and free from the appearance of bias or favouritism. .
Ultimately, these mechanisms have shed light on certain shortcomings within the federations by making them accountable to their members.
Since the SDRCC only has jurisdiction over national federations, their provincial counterparts are not subject to these same standards. By instituting a similar tribunal in Quebec, athletes and the public could finally benefit from a fairer balance of power and would be entitled to expect greater transparency and accountability from their federation.
Respond to the specificities of sport
The establishment of the Tribunal du sport du Québec would make it possible to respond to the very singular characteristics of the sports field, which are often very tight deadlines, limited resources and unequal power relations. Too often, athletes refuse to oppose their federation for fear of reprisals which could affect their careers.
The Tribunal du sport du Québec would provide sports players with arbitration and mediation services, overseen by people experienced in law and sport. The parties in a position of inferiority could thus confidently obtain a fair, equitable and effective system of reparations while respecting the constraints of the sports environment.
Quebec deserves a sports system that works and whose disputes are settled with credibility, speed and economy, and by neutral professionals in the field. The protection of our youth and the future of our rich Quebec sports culture depends on it.