Facts
Eric Lamaze (the athlete) applies for reinstatement concerning his period of ineligibility of 4 years due to his positive doping test showing the use of cocaine.
History
The athlete has a remarkable background story about how he achieved to become part of the Canadian Equestrian Team. Meeting a friend from his earlier neighborhood encouraged him to use cocaine before his matches. He doesn't blame his friend for this or his background with a mother who was an addict.
The following points are taken into consideration:
(a) Age
(b) Remorse
(c) Circumstances Surrounding the Infraction, Including Any Factors That May Have Caused or Contributed to the Applicant's Diminished Capacity
(d) The Applicant's Experience in Sport
(e) The Applicant's Favorable Prospects for Rehabilitation
(f) The Applicant's Prior and Post-Infraction Conduct
(g) The Applicant's Contribution to (the) Sport
(h) Co-Operation with Investigating Bodies
(i) Length of Suspension Served at Time of Hearing
(j) Additional Factors
Submission arbitrator
There can be no doubt that the athlete has satisfied the necessity of establishing highly exceptional circumstances which warrant reinstatement. In these unusual circumstances, the minimum four-year penalty prescribed by the policy is clearly excessive. Moreover, I see no purpose in delaying reinstatement to February 24, as proposed by the CEF and agreed to by the Applicant. The circumstances in this case are so extraordinary that immediate reinstatement cannot be perceived as detracting from the basic objective of the doping control policy.
Decision
The application of Eric Lamaze for reinstatement is granted effective the date of this decision subject to the following conditions:
(a) For a period of three years commencing on June 24, 1997, Eric Lamaze will devote himself publicly as an advocate to promote drug-free sport and drug-free lifestyle;
(b) He will contribute an average of one day per month for this purpose;
(c) Prior to March 24, 1997, and the next two anniversaries of that date, the CEF will provide Eric Lamaze with a program of activities for the year commencing on the next June 24;
(d) Such programs shall be developed by the CEF in consultation with the Canadian Centre for Ethics in Sport (CCES) and Eric Lamaze: Both the CEF and the CCES shall designate a specific individual for this purpose and they shall deal directly with each other and with Eric; The CEF representative will be responsible for documenting all arrangements and activities. Shortly after June 24, each year, the CEF representative will provide the Adjudicator with a copy of the program for the forthcoming year and a report of the activities of the previous year;
(e) The programs shall be flexible in permitting variation by mutual agreement;
(f) I will remain seized of this matter and will be available by telephone conference call to Eric Lamaze and to both representatives in the event of any difficulty in implementing this order.
