In March 2016 the Canadian Centre for Ethics in Sport (CCES) has reported an anti-doping rule violation against the Athlete Taylor Findlay after her sample tested positive for the prohibited substance clenbuterol.
After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the Doping Tribunal of the Sport Dispute Resolution Centre of Canada (SDRCC).
The Athlete did not contest the test results and asserted that she did not commit an anti-doping rule violation as she did not use clenbuterol intentionally, but that the finding was due to the ingestion of contaminated meat. In support she filed the results of a polygraph examination she voluntarily underwent and a number of press articles dealing with the presence of veterianary drugs in horse meat in Canada.
The CCES requested the Sole Arbitrator to impose a 4 year period of ineligibility on the Athlete due the she failed to prove, by a balance of probabilities, how the clenbuterol has entered her system.
Professor Ayotte stated as expert witness that it is unlikely that the presence of clenbuterol results from the consumption of clenbuterol contaminated meat in Canada. Also the Canadian Food Inspection Agency (CFIA) stated that al tests carried out between 2014 and 2016 to detect clenbuterol in Canadian meat were all negative, including all tests carried out in 2015-2016 on meat imported in Canada.
The Sole Arbitrator finds that the Athlete has not provided any concrete evidence of the specific circumstances in which the unintentional ingestion of contaminated meat would have occurred and concludes that her doping violation must be deemed to be intentional.
Therefore the SDRCC Anti-Doping Tribunal decides on 13 March 2017 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 10 March 2016.
