Part 4: Legal Considerations and Safe Sport

Photo by John Torcasio on Unsplash.

An independent body to oversee the implementation of the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) and ensure the fair, transparent and effective management of reported cases of maltreatment has been created and will soon be a mandatory element of the federal sport system, and possibly provincial/territorial and local levels of sport. Given this, understanding the legal aspects of implementation, dispute resolution, and enforcement is critical for students, researchers, professionals and other stakeholders within the Canadian sport system.

Four phases of dealing with a complaint by this body have been identified:

Phase 1 – jurisdiction

Phase 2 – investigation

Phase 3 – dispute resolution

Phase 4 – enforcement

The following five chapters within Part 4: Legal Considerations and Safe Sport, examine key issues of each phase.

  • Chapter 6 on jurisdiction examines the authority of the body to act. Its jurisdiction stems from the UCCMS and extends beyond the scope of authority of the federally funded sport organizations that will be adopting the UCCMS. Some form of contractual relationship will have to be established to ensure that the body has appropriate authority to act. This becomes more complex as provincial, territorial, and local use is considered.
  • Chapter 7 on investigation discusses the importance of incorporating principles of procedural fairness in all stages of an investigation and explore the intersection of reporting and investigative processes with parallel child protection systems under provincial and criminal laws.
  • Chapter 8 and Chapter 9 on dispute resolution focus on the use of arbitration to resolve disputes arising from investigations. Chapter 8 will examine institutional issues, such as having diverse and appropriately trained adjudicators and a system of precedent. Chapter 9 explores the procedural and substantive elements of the process, such as an adjudicator’s scope of authority, matters of confidentiality and privacy, and principles of interpretation.
  • Chapter 10 on enforcement examines how sanctions can be enforced across different types and levels of sport, and how an arbitration decision involving the UCCMS could be challenged in court.

Abbreviations and Acronyms

CAC Coaching Association of Canada
CADP Canadian Anti-Doping Program
CAS Court of Arbitration for Sport
CCES Canadian Centre for Ethics in Sport
COC Canadian Olympic Committee
ECHR European Court of Human Rights
FEI International Equestrian Federation
FIN Italian Swimming Federation
FINA International Swimming Federation
FIPPA Freedom of Information and Protection of Privacy Act
HRTO Human Rights Tribunal of Ontario
ICAS International Council of Arbitration in Sport
IF International Sport Federation
IOC International Olympic Committee
IPC International Paralympic Committee
ISU International Skating Union
ITFs International Tennis Federation
ITP Idenpendent Third Party
JAMS Judicial Arbitration Management Service
LGBTQIA Lesbian, gay, bisexual, trans, transexual, transgender, questioning, queer, intersex, asexual
NGBs National Sport Governing Bodies
NIM National Independent Mechanism
NSO National Sport Organization
NSP National Safeguarding Panel
NTC National Team Committee
OLTFC Ottawa Lions Track and Field Club
PIPEDA Personal Information Protection and Electronic Documents Act
PTSOs Provincial/Territorial Sport Organizations
SDRCC Sport Dispute Reolution Centre of Canada
SFT Swiss Federal Tribunal
U.K. United Kingdom
U.S. United States
UCCMS Universial Code of Conduct to Prevent and Address Maltreatment in Sport
UEFA The Union of European Football Associations
USOPC United States Olympic and Paralympic Committee
WADA World Anti-Doping Agency


Icon for the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License

Safe Sport: Critical issues and practices Copyright © 2022 by Julie Stevens is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

Share This Book