SDRCC 2010 Desai Williams vs Sport Canada

In Canada, the federal government established the Commission of Inquiry Into the Use of Drugs and Banned Practices Intended to Increase Athletic Performance, headed by Ontario Appeal Court Chief Justice Charles Dubin. The Dubin Inquiry (as it became known), which was televised live, heard hundreds of hours of testimony about the widespread use of performance-enhancing drugs among athletes.

The inquiry began in January 1989 and lasted 91 days, with 122 witnesses called, including athletes, coaches, sport administrators, IOC representatives, doctors and government officials.
The Dublin Inquiry recommended that the Athlete (the Applicant) Desai Williams and other named athletes be suspended for life from federal funding. However the Athlete was not suspended from competition as an athlete.
Hereafter the Athlete continued to compete up until 1992 without the assistance of federal funding. The negative public attention drawn to the actions of the Athlete had damaging effect on his personal repuration and dignity.

The Dubin Report also outlines enumerate factors (The Dubincriteria) to be weighed in determining whether the lifetime withdrawal of access to direct federal funding should be lifted.
Therefore the Athlete filed an application for reinstatement in October 2010 to Sport Canada and he was heard for the adjudicator.

After the statements made by the Applicant, sustained by witnesses, the adjudicator concludes that the Applicant (now 51 years old) has made significant contibutions to the sport of track and field for extended period of times as an athlete, a teammate, a role model, and a coach. It is clear from his testimony that he is remorseful and has endured significant economic and emotional hardship as a result of this experience.

The adjudicator notes that of deepest concern on this Application for Reinstatement is the ongoing unresolved controversy with respect to the extent of the Applicant’s drug use. Most of the criteria that weigh negatively in this Application are related to the fact that the Applicant has not reconciled this issue.

Considering all of the written and oral evidence the adjudicator is satisfied that the Applicant has met the Dubin criteria necessary for reinstatement to the program of federal funding. The Dubin criteria, weigh substantially in favour of reinstatement and it is in the public interest to grant the Application.

Therefore the adjudicator decides on 26 November 2010 to approve the Application and direct that the Applicant’s lifetime withdrawal of access to direct federal funding should be lifted forthwith.

Original document

Parameters

Legal Source
National Decisions
Date
26 November 2010
Arbitrator
Banack, Larry
Original Source
Sport Dispute Resolution Centre of Canada (SDRCC) - Centre de règlement des différends sportifs du Canada (CRDSC)
Country
Canada
Language
English
ADRV
Use / attempted use
Legal Terms
Affidavit
Application for early reinstatement
Circumstantial evidence
Lifetime period of ineligibility
Sole Arbitrator
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Canadian Centre for Ethics in Sport (CCES)
Sport Canada
Sport Dispute Resolution Centre of Canada (SDRCC)
Doping classes
S1. Anabolic Agents
S2. Peptide Hormones, Growth Factors
S5. Diuretics and Other Masking Agents
Various
Athlete support personnel
Dubin report
Government sport funding
Document type
Pdf file
Date generated
18 January 2016
Date of last modification
24 September 2020
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  • Various
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