Sagen v. Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games

Sagen v. Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games

The Charter does not apply to the IOC's selection of Olympic events because that decision is exclusively within the IOC's authority and is not an activity that can be ascribed to Canadian governments or VANOC; accordingly the exclusion of women's ski jumping is not a denial of a 'benefit of the law' under s.15(1). Even assuming VANOC's staging of the Games is governmental, VANOC lacked control or authority to alter the IOC's Programme decision, so no s.15 breach by VANOC occurs.

Citation
2009 BCCA 522
Parties
Appellants (plaintiffs): Anette Sagen; Jenna Mohr; Lindsey Van; Jessica Jerome; Ulrike Grassler; Monika Planinc; Marie-Pierre Morin; Karla Keck; Nathalie De Leeuw; Katherine Willis (litigation guardian Jan Willis); Jade Edwards; Zoya Lynch (litigation guardian Sarah Lynch); Charlotte Mitchell (litigation guardian Miriam Mitchell); Meaghan Reid (litigation guardian Nina Hooper-Reid); Respondent (defendant): Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games (VANOC)
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
20 November 2009
Procedural Posture
Charter Challenge/constitutional Appeal / Appeal From Supreme Court of British Columbia Judgment
Outcome
Appeal dismissed
Legal Topics
Charter S.32 Applicability, Charter S.15 Equality (benefit of the Law), Public/private Distinction, Ascribed Activity Test, Olympic Programme Authority
Source Language
English
Constitutional Law Administrative Law Human Rights Law Sports Governance Charter S.32 Applicability Charter S.15 Equality (benefit of the Law) Public/private Distinction Ascribed Activity Test +1 more

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Parties

Anette Sagen; Jenna Mohr; Lindsey Van; Jessica Jerome; Ulrike Grassler; Monika Planinc; Marie-Pierre Morin; Karla Keck; Nathalie De Leeuw; Katherine Willis (litigation guardian Jan Willis); Jade Edwards; Zoya Lynch (litigation guardian Sarah Lynch); Charlotte Mitchell (litigation guardian Miriam Mitchell); Meaghan Reid (litigation guardian Nina Hooper-Reid)

Appellants (plaintiffs)

Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games (VANOC)

Respondent (defendant)

Procedural Posture

Charter Challenge/constitutional Appeal / Appeal From Supreme Court of British Columbia Judgment

Legal Issues

  1. 1 Does the Charter apply to VANOC under s.32 when staging the Olympic Games?
  2. 2 Can the selection of Olympic events be ascribed to government for Charter purposes?
  3. 3 Is the exclusion of women's ski jumping a breach of s.15(1) (denial of a benefit of the law)?

Ratio Decidendi

The Charter does not apply to the IOC's selection of Olympic events because that decision is exclusively within the IOC's authority and is not an activity that can be ascribed to Canadian governments or VANOC; accordingly the exclusion of women's ski jumping is not a denial of a 'benefit of the law' under s.15(1). Even assuming VANOC's staging of the Games is governmental, VANOC lacked control or authority to alter the IOC's Programme decision, so no s.15 breach by VANOC occurs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondent VANOC entitled to costs if sought