Dispute Resolution in Sports

This chapter provides an overview of the dispute resolution systems in place for both the Canadian amateur sport system and professional sports leagues. Through an examination of the governance models of sports organizations, we look at the internal dispute resolution processes and when an appeal to an external body is allowed, including the Sport Dispute Resolution Centre of Canada (“SDRCC”). The SDRCC is a federal entity, which offers mediation and arbitration services for sports disputes. The federal system for dispute resolution has undergone recent developments, including the creation of the Office of the Sports Integrity Commissioner in 2021 to oversee the Universal Code of Conduct to Prevent Maltreatment in Sports. In contrast, we examine the dispute resolution processes in professional sports, which differs dramatically from the amateur system. Since professional sports leagues are unionized workplaces, the dispute resolution mechanism is collectively bargaining between the league and the players’ associations. The result is a collective bargaining agreement, which outlines how disputes are to be resolved, and typically excludes recourse to judicial courts. This chapter is shaped around the ongoing safe sport crisis in Canada and the increasing number of lawsuits filed by athletes for the alleged systemic negligence of their sports organizations, which point to significant weaknesses in the sports dispute resolution systems.