SDRCC 2021 CCES vs Darren Gagnon-Maltais

In September 2021 the Canadian Centre for Ethics in Sport (CCES) has reported an anti-doping rule violation against the powerlifter Darren Gagnon-Maltais after his sample tested positive for the prohibited substance LGD-4033 (ligandrol).

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 admitted the violation and denied the intentional use of the substance. He asserted that he had acted with no significant fault or negligence whereas he lacked education and was tested before without issues.

He believed that he had consumed a contaminated product Kaos for a few weeks and then stopped using. He acknowledged that he failed to research properly the ingredients of this product before using, nor conducted analysis of this supplement in a laboratory.

CCES contended that the Athlete failed to demonstrate that the violation was not intentional and that the produkt Kaos was the likely source of the positive test. Neither did he demonstrate that he excercised due care and acted with no significant fault or negligence. There was no evidence of how the substance entered his system, nor evidence of exceptional circumstances.

The Sole Arbitrator finds that the CCES education was sufficient and completed by the Athlete, whereas he was warned repeatedly of the risks associated with supplement use.

The Sole Arbitrator accepts that the Athlete did not want to and did not know that he had consumed Ligandrol. Yet, he failed to meet his burden of proof that the violation was no intentional on a balance of probabilites while he clearly disregarded the unmistakable risks of ingesting supplements.

The Sole Arbitrator deems that there are no exceptional circumstances, nor compelling evidence presented in this case for the application of a reduced sanction.

Therefore the SDRCC Doping Tribunal decides on 24 January 2022 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 12 September 2021.

Original document

Parameters

Legal Source
National Decisions
Date
24 January 2022
Arbitrator
Soublière, Janie
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
Admission
Burdens and standards of proof
Case law / jurisprudence
Digital evidence / information
Intent
Negligence
Sole Arbitrator
Sport/IFs
Powerlifting (IPF) - International Powerlifting Federation
Other organisations
Canadian Centre for Ethics in Sport (CCES)
Canadian Powerlifting Union (CPU)
Laboratories
Montreal, Canada: Laboratoire de controle du dopage INRS-Institut Armand-Frappier
Doping classes
S1. Anabolic Agents
Substances
LGD-4033 (ligandrol)
Selective androgen receptor modulators (SARMs)
Various
Education
Supplements
Document type
Pdf file
Date generated
27 January 2022
Date of last modification
14 March 2022
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  • Various
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