B.C. Judge Decides Against Women Ski Jumpers-Updated Witih IOC Comment

(ATR) In her 41-page judgment, Justice Lauri Ann Fenlon wrote that the IOC decision against adding a women's division to Vancouver 2010 was discriminatory. She could not however, use the gender equality guarantees provided by Canada’s Charter of Rights and Freedoms to reverse the decision.

"There will be little solace to the plaintiffs in my finding that they have been discriminated against; there is no remedy available to them in this Court," Fenlon wrote.

"But this is the outcome I must reach because the discrimination that the plaintiffs are experiencing is the result of the actions of a non-party (IOC) which is neither subject to the jurisdiction of this Court nor governed by the Charter."

Fenlon presided over a five-day hearing in B.C. Supreme Court that ended April 24.

Vancouver 2010 lawyer George Macintosh successfully argued the IOC controls the Games and VANOC has no right to ask the IOC to add a women’s ski jumping medal event. In 2006, the IOC opted against adding women's ski jumping because it did not have enough international participants and its first world championship was not until 2009.

The only new discipline debuting at Vancouver 2010 is ski cross. Fenlon disagreed that the IOC intentionally discriminated against the women. The Olympic Charter, she wrote, encourages and supports the "promotion of women in sport at all levels."

Fenlon found governments do not control VANOC's daily business. The organization is still subject to the Charter, she said, because staging the 2010 Games is an activity delegated by governments.

"However, designating events as Olympic events is neither part of that governmental activity nor within VANOC's control," she wrote.

VANOC CEO John Furlong said Games organizers are relieved with the decision, but offered to help the women in their bid to compete at the 2014 Games in Sochi, Russia.

"Although we feel some empathy for these girls who had hoped to be in the Games, I would say to them that they should press on and keep trying," Furlong said.

Ross Clark, lawyer for 15 female ski jumpers from six countries, said no decision has been reached on whether to appeal.

"There was a clear finding of discrimination and the court has found that hosting the Games for the men and not the women is a discriminatory act and (Fenlon) went so far as to say it was distasteful," Clark said.

A statement issued Friday afternoon by the IOC denied it discriminated. "Our decision was based on technical issues, without regard to gender," said the statement.

"The IOC will continue to follow the development of women's ski jumping and remains open to considering its possible inclusion in the Sochi Games."

A Canadian team member hoping to ski jump at Vancouver 2010 said her "dreams have been crushed."

"I'm incredibly disappointed," said Katie Willis, an 18-year-old from Calgary. "I was optimistic going into this." Willis was among the so-called Flying 15 which included the sport's first female world champion, Lindsay Van of the United States. Van and Willis unsuccessfully sought a meeting with IOC president Jacques Rogge during Sportaccord in Denver last March.

Jan Willis, mother of Katie, complained to the Canadian Human Rights Commission in early 2007 about the exclusion from the Games. The Canadian government agreed in a 2008 settlement that it would lobby the IOC on behalf of the ski jumpers.

Women’s Ski Jumping USA, a group led by former Salt Lake City Mayor Deedee Corradini, filed a lawsuit against VANOC in May 2008. Active Canadian ski jumpers, including Katie Willis, joined the action last fall and winter.

the 2010 Games, but it is not government-controlled.

With reporting by Bob Mackin in Vancouver.