Female ski jumpers mount final appeal

CBC NEWS: Thursday, November 12, 2009

A group of 14 female ski jumpers appear before the B.C. Court of Appeal on Thursday in their final bid for inclusion in the 2010 Winter Games. The women claim Vancouver's Olympic organizing committee, known as VANOC, is discriminating against them by not staging their event. They lost in B.C. Supreme Court in July and were expected to argue before the Appeal Court that the judge's findings in that hearing were flawed. B.C. Supreme Court Judge Lauri Ann Fenlon ruled while it was discriminatory to exclude the female ski jumpers from the 2010 Games, it was not VANOC's decision but that of the International Olympic Committee. The IOC, Fenlon said, is not subject to Canadian human rights law.

But the lawyer for the ski jumpers told CBC News that he would argue that the pivotal fact is that Canadian human rights law does apply to VANOC. "What we're asking for and have always asked for — and I think the judge confused this in her reasons — is a declaration that VANOC cannot proceed under the Charter [of Rights and Freedoms] hosting a men's event without hosting a women's event," Ross Clark said.

In her ruling, Fenlon declared VANOC is carrying out a government activity, charged with planning, organizing and staging of the Games. That makes it subject to the Charter of Rights and Freedoms. "VANOC, we say, in carrying out its government activity, is implementing the discrimination. If VANOC refused to do it, there would be no discrimination."Clark said that a win in the Appeal Court would force VANOC to find a solution, which could include staging a women's ski jump or cancelling the men's event.VANOC declined comment about the case while it's before the courts.But the organizing committee did say in a written statement that it supports the female ski jumpers' efforts, and noted that one of the plaintiffs was an Olympic torchbearer on the first day of the relay in October.

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ROD MICKLEBURGH April 21, 2009 Globe and Mail:
In his opening remarks, the women's lawyer, Mr. Clark, said VANOC organizes and stages the Games and cannot hide behind the IOC. His clients' equality rights under the Canadian Charter have been violated, he said, because there are three ski jumping events for men in 2010 and none for women. "VANOC's obligations under the Charter cannot be outsourced to an outside authority [the IOC] with a thin, impoverished view of equality." Mr. Clark said the historic exclusion of women ski jumpers from the Olympics arises from a long-standing belief by international sports figures that female bodies cannot withstand the force of landing. He mentioned one official who warned their uterus might burst and another who worried their spines could break on impact with the ground. The hearing, scheduled to last five days, consists of legal argument only. No witnesses are to be called. Mr. Clark is due to finish his presentation today. VANOC will outline its defence tomorrow and Thursday before B.C. Supreme Court Justice Lauri Ann Fenlon.