SDRCC 2020 CCES vs Jasonpreet Bains

In April 2020 the Canadian Centre for Ethics in Sport (CCES) has reported an anti-doping rule violation against the U Sports wrestler Jasonpreet Bains after his sample tested positive for the prohibited substannce Dehydrochlormethyltestosterone (Turinabol). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the SDRCC Doping Tribunal.

The Athlete denied the intentional use of the substance and believed that he acted without significant fault or negligence. He testified that at his home's kitchen he had used his brother's protein powder when he run out of his supply while he was unaware that his brother's protein powder contained the prohibited substance. He took this protein powder 2 or 3 days before testing and it never occurred to him to move his supplements out of the kitchen and away from his brother.

The Montreal Lab reported that based on the test result the last administration of the substance would have been probably several weeks before and not 2 or 3 days before testing as alleged by the Athlete. The Athlete maintained that he took the protein powder 3 days before testing.

The CCES contended that the Athlete failed to establish that the violation was not intentional and that the Athlete's and his brother's evidence is not credible.

Considering the evidence in this case the Arbitrator is willing to accept that the violation was the result of a contaminated protein powder. However the Athlete failed to demonstrate that his actions were not intentional.

Therefore the SDRCC Doping Tribunal decides on 1 September 2020 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 3 April 2020.

Original document

Parameters

Legal Source
National Decisions
Date
1 September 2020
Arbitrator
Fidler, Jonathan
Original Source
Sport Dispute Resolution Centre of Canada (SDRCC) - Centre de règlement des différends sportifs du Canada (CRDSC)
Country
Canada
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Circumstantial evidence
Negligence
Sport/IFs
Wrestling (UWW) - United World Wrestling
Other organisations
Canadian Centre for Ethics in Sport (CCES)
Sport Dispute Resolution Centre of Canada (SDRCC)
Laboratories
Montreal, Canada: Laboratoire de controle du dopage INRS-Institut Armand-Frappier
Doping classes
S1. Anabolic Agents
Substances
Dehydrochlormethyltestosterone (4-chloro-17β-hydroxy-17α-methylandrosta-1,4-dien-3-one)
Various
Contamination
Supplements
Document type
Pdf file
Date generated
10 September 2020
Date of last modification
14 October 2020
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