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“Ontario Tribunal Delays Decision on Women’s Pursuit Team”

The Ontario Human Rights Tribunal has decided not to compel Cycling Canada to include a women’s pursuit team in the upcoming world track championship in October. However, the Tribunal has left room for a potential hearing to investigate claims of discrimination.

Cycling Canada plans to field a men’s pursuit team in the world championship in Shanghai, the initial qualifier for countries aiming to compete in the 2028 Olympic Games, but has opted not to include a women’s team.

Following a rejected appeal by the Sport Dispute Resolution Centre of Canada, five women – Fiona Majendie, Skyler Goudswaard, Jenna Nestman, Lily Plante, and Justine Thomas – brought their case to the Ontario Human Rights Tribunal on August 18, alleging sex-based discrimination by Cycling Canada. They sought an expedited interim order requiring the organization to enter a women’s pursuit team in Shanghai before the entry deadline on Monday.

In its recent decision, the Tribunal cited time constraints as a reason for not expediting a hearing and decision within a 34-day period. However, it has kept the discrimination issue under consideration and agreed to fast-track a case management conference to determine the necessity of a hearing.

Emir Crowne, the representative for the women, expressed that while time was limited for the Shanghai event, the Tribunal’s prompt actions have maintained the pathway for the 2027 Olympic Games open. Crowne emphasized the ongoing challenges women in Canadian sports face in securing equal opportunities.

Efforts for mediation between the women and Cycling Canada were unsuccessful in September after being directed by the Tribunal. The Sport Dispute Resolution Centre of Canada had previously denied the women’s appeal in a decision made public on August 10.

Arbitrator Carol Roberts, in addressing the appeal, found Cycling Canada’s decision aligned with the organization’s established criteria and objectives, deeming it neither unreasonable nor inequitable. Cycling Canada refuted allegations of sexual discrimination, arguing that the women’s application should be dismissed as a misuse of the Human Rights Code due to the prior examination by the SDRCC.

Cycling Canada clarified that while the women’s team pursuit program was not terminated, it transitioned to a development model. The decision to include only men in the world championship was based on performance evaluations indicating the men’s potential to close the gap on a top-six world ranking sooner than the women, given budget constraints.

The organization expressed openness to exploring qualification opportunities for women for the 2028 Games if exceptional talent emerges, with the long-term goal of preparing a competitive team for the 2032 Olympics. The women’s pursuit team is set to participate in various events, including a Next Gen competition in the Netherlands, the Pan American Championships in February, and a World Cup in Ontario in April.

Canada has a strong historical presence in women’s track cycling team pursuit, boasting Olympic bronze medals in 2012 and 2016, along with a fourth-place finish in 2021.

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