Ski Jumping

Legal counsel for the women hoping to compete in ski jumping at the Vancouver 2010 Olympic Games, Ross Clark, Q.C., has said VANOC has not responded to the actual argument laid out in the appeal documents ahead of hearings set for November.

"There are two fundamental constitutional concerns at issue in this appeal," said Clark. "VANOC does not address those concerns - rather its arguments continue to address what it perceives the ski jumpers want."

While the athletes understand that VANOC does not have the power to add a women's event, the argument is that VANOC is not excused from its breach of the right to the equal benefit of the law on the basis of their sex.

VANOC has argued that contractual obligations to the IOC - who has denied the inclusion of women ski jumpers for 2010 - supersede the Canadian Charter.

"With respect, that begs the real question: do VANOC's mere contractual obligations to a foreign entity, not accountable to Canadians, trump VANOC's constitutional obligations as an organization carrying out a government activity?" said Clark. "The answer is clearly ‘no.'"

The appeal will be heard on Nov. 12-13, 2009.

The athletes have corresponded with the IOC in an effort to be included in the 2010 Olympic Games, but were again refused.

Should the appeal result in a women's competition being added to the 2010 Olympic schedule, VANOC has said they would require approximately three months to prepare - exactly the amount of time between the hearing and the opening ceremony.