CCES 2005 Yvan Darsigny vs
- Canadian Centre for Ethics in Sport (CCES)
- Canadian Weightlifting Federation (CWF)
- International Weightlifting Federation (IWF)
- Governement of Canada
- World Anti-Doping Agency (WADA)
Facts
Yvan Darsigny (applicant) appeals against the decision of the Doping Appeal Tribunal of 17 April 2005. In this decision the applicant received an award of 2 years ineligibility for evading sample collection. Respondents in this case are: Canadian Centre for Ethics in Sport (CCES), the Canadian Weightlifting Federation (CWF), the International Weightlifting Federation (IWF), the Government of Canada, and the World Anti-Doping Agency WADA).
History
The Athlete consistently argued that he would be astonished to discover that he is still considered an international-level athlete given that his last international-level competition took place in 1994. The CWF declared: that it had never provided the IWF with a list of Canadian athletes who were to be designated international-level athletes.
Due to family matters the applicant didn't treat the Doping Control Officers in a kind way and refused to comply when they came for an unannounced doping test.
The athlete claims that the notification of the doping control was not handled correctly, the position of the Athlete in this respect rests on a misunderstanding of the anti-doping rule in question.
The Appeal Tribunal rejects the Appellant's arguments for exceptional circumstances.
Decision
(1) The appeal is rejected, in part;
(2) The Decision rendered on 7 April 2005 by the Doping Tribunal is maintained;
(3) The Athlete committed the anti-doping rule violation set out in Rule 7.24 of the CADP, specifically, evading sample collection;
(4) The Athlete is ineligible for a period of two years commencing on 23 January 2005;
(5) Each party shall bear its own costs and expenses incurred in the appeal.
