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Canada and Sports Law: A Teaching Guide from Far and Wide

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Title: Canada and Sports Law: A Teaching Guide from Far and Wide
Language: English
Authors: Adam Epstein
Source: Journal of Legal Studies Education. 2025 42(2):65-79.
Availability: Wiley. Available from: John Wiley & Sons, Inc. 111 River Street, Hoboken, NJ 07030. Tel: 800-835-6770; e-mail: cs-journals@wiley.com; Web site: https://www.wiley.com/en-us
Peer Reviewed: Y
Page Count: 15
Publication Date: 2025
Document Type: Journal Articles
Reports - Descriptive
Education Level: Higher Education
Postsecondary Education
Descriptors: Foreign Countries, Athletics, Laws, Teaching Guides, Law Related Education, Business Education, Higher Education
Geographic Terms: Canada
DOI: 10.1111/jlse.70001
ISSN: 0896-5811
1744-1722
Abstract: This article provides a teaching guide on how to use Canadian sport-related issues to teach business or sports law concepts in university or college business law classes. Special pedagogical perspectives for the U.S. professor are provided throughout the article at relevant points. In sum, Canada is rich with material for a professor looking for an additional, neighboring perspective. It provides a wide domain of opportunities from the land where pines and maples grow and can add considerable value to the U.S. business law professor to enhance the overall educational experience.
Abstractor: As Provided
Entry Date: 2025
Accession Number: EJ1481141
Database: ERIC
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  Value: <anid>AN0187432429;[172d]01jun.25;2025Aug22.05:31;v2.2.500</anid> <title id="AN0187432429-1">Canada and Sports Law: A Teaching Guide from Far and Wide </title> <sbt id="AN0187432429-2">INTRODUCTION</sbt> <p>This article provides a teaching guide on how to use Canadian sport‐related issues to teach business or sports law concepts in university or college business law classes. Special pedagogical perspectives for the U.S. professor are provided throughout the article at relevant points. In sum, Canada is rich with material for a professor looking for an additional, neighboring perspective. It provides a wide domain of opportunities from the land where pines and maples grow and can add considerable value to the U.S. business law professor to enhance the overall educational experience.</p> <p>The purpose of this article is to synthesize many Canadian sports law issues, incidents, cases, and other examples for U.S. sports and business law professors and for students who may wish to conduct further research. The article provides a considerable historical perspective, but it is not intended to be an encyclopedia of all potential legal and pedagogical Canadian sports law issues, topics which can be quite varied to include issues such as transgender athletes, race, sports wagering, minimum wage, complications related to the 2020 global pandemic, and so on. Instead, it is designed to serve as a solid foundation that coalesces a broad spectrum of sports law material from Canada in a logical way that could serve as a supplement to material already utilized in a traditional business law course. Indeed, the subjects covered in the article are presented to augment an additional perspective for the undergraduate or graduate educational experience. The article is divided into six sections of varying lengths covering many current topics and those from decades ago.</p> <p>The article is rich in material from coast to coast, demonstrating that there is room for the U.S. professor to incorporate relevant information involving professional, intercollegiate, Olympic, and amateur sports law examples when appropriate. Some of the cases involve Canadian citizens litigating in the United States and vice versa. Especially important to the article are the teaching points found throughout the major sections. Scattered among various sections throughout are special <emph>Pedagogical Perspectives</emph>, which offer in‐depth suggestions and teaching points on when and how to incorporate the relevant examples into the course.</p> <hd id="AN0187432429-3">INTERCOLLEGIATE SPORTS LAW ISSUES</hd> <p>This first section includes a brief introduction to concerns related to Canadian university team nicknames and college athletic eligibility cases. College sports is organized somewhat differently in Canada than in the United States, and many Canadians are recruited by U.S. colleges and universities and receive athletic scholarships accordingly. After the demonstration that nickname issues are concerns in Canada, just as in the United States, several examples are offered in which Canadian college hockey players were involved in National Collegiate Athletic Association (NCAA) litigation related to their eligibility—though the cases are from the 1970s and 1980s. Indeed, the NCAA remains the premier U.S.‐based, voluntary, non‐profit organization related to college sports, but in 2008, the NCAA accepted a pilot project to allow Canadian institutions to apply to the NCAA's Division II for membership. As a result of that project, there is one Canadian institution that is a member of the NCAA today: Simon Fraser University (SFU).</p> <hd id="AN0187432429-4">Simon Fraser University</hd> <p>SFU is located in Burnaby, British Columbia—about 140 miles north of Seattle—and became the first Canadian institution to join the NCAA. For many years, its athletics nickname was <emph>The Clan</emph> (in fact, it used to be called the <emph>Clansmen</emph>), but that changed in 2020 once SFU relinquished it altogether and escorted it into retirement. On September 6, 2022, SFU chose to become the <emph>Red Leafs</emph>. SFU decided to drop football in 2023. However, it still remains an NCAA Division II member.</p> <hd id="AN0187432429-5">McGill University</hd> <p>Along with SFU, a similar public discussion and concern over team nicknames manifested itself when in November 2018, Montreal's McGill University students voted in favor of changing away from the name <emph>Redmen</emph>. The <emph>Redmen</emph> name, originally written as <emph>Red Men</emph>, dates to the 1920s as a tribute to the team's red uniforms and possibly to recognize university founder James McGill's Celtic origins.</p> <p>In the 1950s, the name morphed into the <emph>Indians</emph> or the <emph>Squaws</emph>, and in the 1980s several McGill athletic teams used a logo with an Indigenous man wearing a headdress. On April 12, 2019, McGill announced that it was doing away with the name <emph>Redmen</emph>, and its teams would be known as McGill or <emph>the McGill teams</emph> until a replacement name was determined. On November 17, 2020, McGill chose the <emph>Redbirds</emph> as its team nicknames though the <emph>Martlets</emph> would remain the women's team nickname.</p> <hd id="AN0187432429-6">Pedagogical perspective</hd> <p>Both SFU and McGill University are examples that fit nicely into a discussion related to concerns over the continued use of controversial monikers. Team names in the United States have changed at all levels of sport, particularly at the interscholastic and intercollegiate levels. This includes the decision to change the name of the National Football League's Washington Redskins to the Washington (DC) Football Team, then again to the current Washington Commanders, all within the span of two years. Race‐based or insensitive team nickname issues at all levels of sports could be addressed in the ethics or social justice portion of the course.</p> <p>Another means to incorporate these two Canadian moniker examples could be during a discussion over the Lanham Act, the federal trademark law, which was at the heart of a 2017 U.S. Supreme Court decision involving an Oregon‐based band known as <emph>The Slants</emph>. The band attempted to trademark its own name, but the U.S. Patent and Trademark Office (USPTO) refused to grant a trademark on the grounds that it was offensive and therefore in violation of section 2(a) of the Lanham Act. Around the same time, the USPTO had also just canceled the Washington Redskins' team trademarks after holding that the word <emph>Redskins</emph> was disparaging to Native Americans.</p> <p>The unanimous Supreme Court found that the refusal to grant the trademark to <emph>The Slants</emph> violated the U.S. Constitution, and this decision had a profound impact on the contemporaneous legal battle related to the Washington Redskins' own team nickname. The Court held that the Lanham Act's ban on offensive names (such as <emph>The Slants</emph>) is unconstitutional because it was private speech–as opposed to government speech, and therefore the Act's disparagement clause violated the free speech clause of the First Amendment and was unconstitutional. As a direct result of the decision, the legal claims against the Washington Redskins were dropped. The organization voluntarily changed its name, as already described above. Thus, the SFU and McGill team name controversies could easily be incorporated into the discussion as noteworthy Canadian corollaries to discussions on discrimination, race, or social justice, particularly in the context of university mascots and monikers.</p> <hd id="AN0187432429-7">NCAA Hockey cases involving Canada and Canadians</hd> <p>In the early 1970s and the 1980s, there were several hockey cases involving both Canadian and American student‐athletes at U.S. universities who sued to maintain their intercollegiate athletic eligibility. The courts opined with mixed results and addressed governmental (state) action concerns. Interestingly, all three cases emanated from Massachusetts.</p> <p>The first case is <emph>Buckton v. Nat'l Collegiate Athletic Ass'n</emph>, where the U.S. District Court granted eligibility to two Boston University student‐athletes (plaintiffs Buckton and Marzo) after the NCAA claimed that the hockey players received excess financial aid in violation of NCAA amateurism rules at that time. Buckton and Marzo were denied eligibility because they had received funding from Junior League Hockey teams in Canada, the Oshawa Generals Major Junior A team, and the Kitchener Rangers Major Junior A team, respectively.</p> <p>Salient from <emph>Buckton</emph>, however, is that the federal District Court for the District of Massachusetts held that the NCAA bylaws constituted <emph>state action</emph>. Accordingly, the court prohibited the enforcement of the NCAA rule because it discriminated against the Canadian players who were characterized as <emph>resident aliens</emph> in comparison to those with American citizenship, thereby denying them equal protection under the U.S. Constitution.</p> <p>In 1975, in another federal case emanating from the U.S. District Court of Massachusetts, <emph>Jones v. Nat'l Collegiate Athletic Ass'n</emph>, an American student‐athlete sought a preliminary injunction against the NCAA for declaring him ineligible to compete for Northeastern University (NU). Prior to enrolling, he too had been compensated to play junior hockey in Canada and sought to prevent the NCAA from imposing sanctions against NU if he did play. The court referenced the <emph>Buckton</emph> decision over a dozen times, but it differentiated the case, stating that there was no claim that the NCAA bylaws discriminated on the basis of national origin or any other basis for the court to evaluate these regulations from a strict scrutiny standard. However, this court also stated, "[a]side from surface similarities, however, the facts here are clearly distinguishable and not nearly so compelling as those presented by Buckton." The court then stated, "...it is unlikely that this plaintiff will be able to...demonstrate that N.C.A.A. principles of amateurism have been arbitrarily and capriciously applied to him so as to have caused Due Process deprivation." In the end, the court denied the preliminary injunction and Jones remained ineligible.</p> <p>A decade later in <emph>Spath v. Nat'l Collegiate Athletic Ass'n</emph>, plaintiff Robert Spath was a Canadian citizen who had played hockey after his 20th birthday for a team in Canada prior to entering college in the United States at the University of Lowell (today known as the University of Massachusetts at Lowell). Spath filed suit after he was deemed ineligible for the fourth season in college after playing three years of college hockey, because each year after his 20th birthday was to be counted against his four years of college eligibility. The NCAA bylaw at the time stated that "each year of organized competition anywhere in the particular sport after age 20 is to be counted."</p> <p>Though Spath originally obtained a temporary restraining order, the U.S. Court of Appeals for the First Circuit vacated the order. The court found the NCAA bylaw to be reasonable. Spath claimed that his due‐process rights had been violated "in that his scholarship gave him a contractual 'property' interest in playing ice hockey...." However, the court was entirely unsympathetic offering that "...his scholarship was reviewed and renewed on a yearly basis," stating that "It is elemental that due process rights do not attach to expectancies..." The court continued, "At this time, under the Bylaw, he had no right to play hockey."</p> <hd id="AN0187432429-8">Pedagogical perspective</hd> <p>One way to use the cases might be as supplemental material to explore whether participation in sports is a protected <emph>right</emph> or a <emph>privilege</emph>, though courts in recent decades have consistently held that participation in sport is a <emph>privilege</emph> and not a <emph>right</emph>. Alternatively, another way to utilize the material would be to consider the role of the NCAA from the angle of an administrative law content perspective. Indeed, these decades‐old hockey cases presented the federal courts with various legal challenges to NCAA rules. Thus, during a discussion of federal administrative agencies, professors could offer to the class that the NCAA is neither a federal agency nor a <emph>state actor</emph> which could be especially useful for students who might think that the word <emph>National</emph> must equate to federal administrative status.</p> <p>The fact that the NCAA is not a state actor was settled directly in the 1988 U.S. Supreme Court decision in <emph>National Collegiate Athletic Ass'n v. Tarkanian</emph>. In <emph>Tarkanian</emph>, the Court held that the NCAA is not a state actor and does not operate under color of state law. However, that case involved rights and issues related to the termination of Jerry Tarkanian, a college basketball coach, and was unrelated to Canada or the eligibility of student‐athlete hockey players from that same era. Still, <emph>Tarkanian</emph> remains one of the most noteworthy Supreme Court sports law decisions involving the NCAA and is a must‐use, vital part of any sports law course that discusses the history and authority of the NCAA.</p> <p>Interestingly, on August 12, 2024, a Canadian junior hockey player filed a federal class‐action lawsuit in the Western District of New York against the NCAA and 10 NCAA member institutions alleging that the NCAA's rules violated antitrust laws in the form of a boycott, by preventing any player who has appeared in a major–junior hockey game to retain NCAA participation eligibility. The NCAA had declared that players who compete in the Canadian Hockey League (CHL), which includes the Ontario Hockey League (OHL), Western Hockey League (WHL), and Quebec Maritimes Junior Hockey League, as ineligible since there are players on those teams who have signed professional contracts with NHL teams. After a lawsuit in 2024, the NCAA changed its policy.</p> <hd id="AN0187432429-9">CRIMINAL LAW</hd> <p>The following section provides several criminal law examples from Canada in the context of sports and the law. They include examples of white‐collar crime and mischief (disorderly conduct) by spectators. The burden of proof in Canadian criminal cases is, just as in the United States, <emph>beyond a reasonable doubt</emph>.</p> <hd id="AN0187432429-10">Alan Eagleson</hd> <p>At one time, lawyer Alan Eagleson was a popular NHL agent and the first executive director of the NHL Players' Association (NHLPA). In fact, he organized the 1972 Summit Series in which Canadian and Soviet hockey professionals met on the ice. However, it came to light that Eagleson was placing his own interests above others and had various conflicts of interest involving the promotion of hockey tournaments and the players themselves.</p> <p>Eagleson acted in bad faith, double‐dealt, and was charged in the United States in 1994 with over thirty counts of racketeering, receipt of kickbacks affecting an employee welfare benefit plan, mail fraud, and obstruction of justice. On January 6, 1998, Eagleson appeared before Judge Nathaniel Gorton in the U.S. District Court in Boston and pleaded guilty to three counts of fraud and embezzlement and was fined about $700,000. The next day in Toronto, he again pled guilty to three of fraud and embezzlement. Ultimately, Eagleson was sentenced to eighteen months in prison which resulted in his disbarment from the practice of law. Eagleson resigned from the Hockey Hall of Fame in 1998, the first by any member of the major professional sports halls of fame in North America.</p> <hd id="AN0187432429-11">Pedagogical perspective</hd> <p>Mentioning Alan Eagleson in class is most likely to result in blank stares from today's generation, as his misdeeds are from decades ago. Nonetheless, Eagleson is a significant sports law example of how even the most sophisticated, influential individuals are not above the law, particularly from an international sports and business law perspective. His case could be incorporated in a discussion of ethics or fraud when discussing traditional business law cases such as the wrongdoings perpetuated by Bernard Madoff, Enron, Wells Fargo, and others.</p> <p>It would be a stretch to include Eagleson in the discussion of intercollegiate athletics. Still, college sport has countless bad actors, and his misdeeds could be used as an example in historical discussion of criminal misconduct in sports to other bad actors that are much more contemporary and relevant to the higher education universe. This could include the key figures in the University of North Carolina Chapel Hill academic fraud controversy, the Adidas college recruiting scandal convictions, or even the <emph>Operation Varsity Blues</emph> college admissions fraudulent scheme‐turned Netflix production.</p> <hd id="AN0187432429-12">Unruly spectators and mischief</hd> <p>There are several examples of unruly behavior by spectators at Canadian sporting events in which they are charged with the crime of <emph>mischief</emph>. On December 20, 2010, a spectator at a Toronto Maple Leafs hockey game was arrested and charged with mischief by Toronto Police after throwing waffles on the ice during the third period at the Air Canada Centre against the Atlanta Thrashers. The charges were dropped in return for five hours of community service, and the spectator was banned from all the venues owned by Maple Leaf Sports & Entertainment (MLSE): Air Canada Centre, BMO Field, and Ricoh Coliseum (now known as Coca‐Cola Coliseum). MLSE bars a dozen to two dozen spectators per year due to inappropriate behavior.</p> <p>On September 22, 2011, a spectator threw a banana at Philadelphia Flyers' Wayne Simmonds in a pre‐season game during a 4–3 exhibition shootout loss to the Detroit Red Wings in London, Ontario. As Simmonds took the first shot in the shootout, a banana came flying into his path as he skated in on the Detroit goalie. The spectator entered a guilty plea and was fined $200. He was charged with engaging in a prohibited activity, an offense under the provincial Trespass to Property Act rather than the Criminal Code. The city of London issued an apology, and the London police said the offense was not serious enough to be considered a hate crime or merit a charge of mischief.</p> <p>Finally, another spectator interfered in a game when he threw a beer can at Baltimore Orioles outfielder Hyun Soo Kim, who caught the final out of the seventh inning in the 2016 American League wild‐card game at Rogers Centre on October 4, 2016. The perpetrator was sentenced to 200 hours of community service and ordered to stay away from Major League Baseball (MLB) ballparks for one year, having pled guilty to mischief. Following the incident, beer sold at Rogers Centre was poured into cups for the remainder of the postseason.</p> <hd id="AN0187432429-13">Pedagogical perspective</hd> <p>The discussion of unruly sports spectators is nothing new, and the exploration of criminal law in business and sport is a vital aspect of the material presented. The few Canadian examples above could be utilized to complement a discussion of the city of Philadelphia and how it has become infamous for its sports violence, which includes fans in the stands throwing snowballs at the on‐the‐field Santa Claus, or batteries at pro football players during the game. At one time, a courtroom known as <emph>Eagles Court</emph> was established under the now‐demolished Veterans Stadium to deal with unruly Philadelphia football fans.</p> <p>Another incident that could be worth mentioning occurred on August 4, 1983, as New York Yankees player Dave Winfield killed a seagull when it was hit by Winfield throwing a baseball while warming up before the fifth inning against the Toronto Blue Jays at Exhibition Stadium. After the game, he was charged with "causing unnecessary suffering" to a bird, contrary to Section 402 1A of the Criminal Code. He was released after posting a $500 bond, though the charges were dropped soon thereafter. Ironically, Winfield became a member of the Blue Jays in 1992.</p> <p>Based on my experience, most students find the Canadian bird incident shocking and are surprised that an athlete could be charged with such a unique crime. However, offering it to the students could provide a segue to another incident involving a seagull that occurred during the game itself, when Arizona Diamondbacks' pitcher Randy Johnson threw the ball in a matter of due course to the batter, and as the ball neared home plate, the ball hit a bird that came out of nowhere and appeared to explode as it contacted the ball and fell to the Tucson soil.</p> <hd id="AN0187432429-14">THE OLYMPICS</hd> <p>Canada has hosted the Olympics on three occasions, including Montreal (1976), Calgary (1988), and Vancouver (2010), all with some degree of controversy. In Montreal, Canada's only summer Olympics, many African nations demanded that New Zealand not compete because one of its rugby teams, the <emph>All Blacks</emph>, had played in South Africa, which at the time was segregated under apartheid policies. New Zealand refused to withdraw and, as a result, twenty‐eight African nations boycotted the Montreal Olympics and withdrew their teams from competition just days before the opening ceremony.</p> <p>The 1988 Winter Games in Calgary had a ticketing controversy in which American ticket buyers were duped into paying for tickets in U.S. dollars rather than Canadian dollars, and the ticket manager kept the difference and served five years in prison for fraud accordingly. In 2010 in Vancouver, the Games were marred by the death of one of the competitors as 21‐year‐old Nodar Kumaritashvili from the Republic of Georgia died during a luge training run in Whistler, B.C., violently catapulting and crashing into a support pole, dying instantly.</p> <p>As for Canadian participants, at the 1988 Seoul, Korea Olympic Games, Canadian sprinter Ben Johnson broke the world record in the 100‐meter dash. Johnson's post‐race drug tests were positive for the illegal, performance‐enhancing drug (PED) stanozolol, and his gold medal was revoked less than three days later.</p> <p>In 1998, Canadian Ross Rebagliati was the first ever to win an Olympic gold medal for Men's Snowboarding at the Nagano, Japan Olympics. After winning the gold medal, he tested positive for cannabis as Tetrahydrocannabinol (THC) was found in his system and he was disqualified. However, he was given back the gold medal because, at the time, marijuana was not on the list of banned substances. Indeed, the perception of marijuana and its use has changed in recent years internationally, among the U.S. states and professional sports leagues, and Canada has since become the largest country in the world to legalize marijuana.</p> <p>Today, especially in the context of Olympic sport in Canada, it is noteworthy that the Sport Dispute Resolution Centre of Canada (SDRCC) is the primary appeals body for amateur sport, which includes appeals procedures for positive doping tests and Olympic team selection. Appeals from the SDRCC may be made to the Court of Arbitration for Sport based in Lausanne, Switzerland. It is also noteworthy that Canada set the standard for all other National Olympic Committees by declaring that it would not send an Olympic team to Tokyo for the 2020 Summer Olympics due to the coronavirus pandemic by declaring that "nothing is more important than the health and safety of our athletes and the world community."</p> <hd id="AN0187432429-15">Pedagogical perspective</hd> <p>It is unlikely that professors will utilize the Olympics as part of the traditional business law course. However, utilizing the Olympics can add value to the overall discussion, particularly during an Olympic year. Though the legal claim involving the tragic death of luger Nodar Kumaritashvili in Vancouver was settled financially by an insurance payout to his relatives as a death benefit, the entire incident remains shocking, even today, and could be brought into the sports torts debate as to what degree such an injury was foreseeable or whether liability for a (defective) design of a sport venue could impose strict liability.</p> <p>The use of PEDs by Canadian Ben Johnson can be used to represent another example of fraud in sport participation. One might even mention how perceptions change over time and, in the discussion of PEDs or the Ross Rebagliati incident, the professor could explore how the thought of criminal prosecution for the use and sale of marijuana in both Canada and the United States has been turned on its head entirely in recent years.</p> <p>The significance of certain protests involving the Olympic Movement, such as the 1976 Montreal boycott, as a cause for social justice and change definitely could be brought into the lecture as a way "to emphasize the international and political dimensions of legal issues." This might also include the political protests of Americans, including John Carlos and Tommie Smith, with fists raised during the awards ceremony 1968 Mexico City Olympics or the outspoken, activist protests by American running icon Steve Prefontaine during the early 1970s.</p> <p>Further, at least two American cases could be brought into the Olympics case law discussion, though relatively unrelated to Canada. First, in <emph>San Francisco Arts & Athletics, Inc. v. United States Olympic Committee</emph>, the U.S. Supreme Court in 1987 affirmed an injunction against the use of the word <emph>Olympic</emph> as part of the Gay Olympic Games. As a result, today it is known as the <emph>Gay Games</emph>. Second, President Jimmy Carter refused to send the U.S. Olympic team to Moscow to compete in the 1980 Summer Olympics to protest the Soviet invasion of Afghanistan. Other countries protested as well, including Japan, West Germany, China and Canada. In response, a lawsuit seeking an injunction against the United States Olympic Committee (USOC) and President Carter was filed in U.S. District Court by twenty‐five American athletes led by rower Anita DeFrantz. However, that effort proved unsuccessful, though the District of Columbia Circuit Court of Appeals was quite sympathetic to their cause.</p> <p>The activism and mobilization that emerged from the 1960s and 1970s continue today, decades removed from Smith, Carlos, Prefontaine, and DeFrantz. Athletes at all levels, including college sports and the Olympic Games, continue to mobilize their causes and concerns both on the court and in the court of public opinion via social media. Indeed, discussing the relationship between law and politics can be an effective way to utilize the Olympics in the business and sports law classroom today, and the advent of smartphones and social media has given athletes more power to advocate their cause than ever before.</p> <hd id="AN0187432429-16">PROFESSIONAL SPORTS</hd> <p>Canada provides numerous opportunities worth considering in the context of professional sports and the law. The following sections provide other examples that could be utilized by the U.S. professor related to professional Canadian teams and leagues.</p> <hd id="AN0187432429-17">Franchise relocation</hd> <p>In terms of franchise relocation, in 2011, the Atlanta Thrashers were sold to a Canadian‐based ownership group which moved the team to Winnipeg, Manitoba, becoming the Winnipeg Jets. This team was named after Winnipeg's original NHL team, which relocated after the 1995–1996 season to become the Phoenix (then Arizona) Coyotes. Ironically, the Atlanta Flames had moved to Calgary three decades earlier (1980) to become the Calgary Flames. Also, MLB's Montreal Expos were the first MLB franchise located outside the United States and played from 1969–2004 until the team moved to Washington, DC, to become the Washington Nationals.</p> <hd id="AN0187432429-18">Trademark issues and the "CFL" Colts</hd> <p>In <emph>Indianapolis Colts, Inc. v. Metropolitan Baltimore Football Club, L.P</emph>., a federal trademark lawsuit was filed for using the name <emph>Baltimore CFL Colts</emph> for one of the CFL's teams when the league expanded into the United States, even though the owner of the former <emph>Baltimore Colts</emph> had moved his franchise to Indianapolis, becoming the <emph>Indianapolis Colts</emph>. Indeed, there was no longer any <emph>Baltimore Colts</emph> team in existence since the move to Indiana in 1984. The court enjoined the CFL team from using the name because it was likely to confuse a substantial number of consumers.</p> <p>As a result of the lawsuit and an injunction that was affirmed by the Seventh Circuit Court of Appeals, the Baltimore team changed its name to the <emph>Baltimore Stallions</emph>. In 1995, the Stallions became the only American franchise ever to win the Grey Cup. After it was announced on November 6, 1995, that the Cleveland Browns would move to Baltimore for the following season as the NFL's <emph>Baltimore Ravens</emph>, the CFL's Baltimore Stallions then ceased to exist, having moved to Montreal as the Alouettes.</p> <hd id="AN0187432429-19">Bankruptcy and labor disputes</hd> <p>Several Canadian‐based teams have filed for bankruptcy, including the Canadian Football League's (CFL) Calgary Stampeders (1996) and Montreal Alouettes (1981). The NHL's Ottawa Senators filed for bankruptcy protection in 2003. Further, in the event of a strike or lockout among the various professional leagues, it would be illegal to use replacement players in Canadian provinces Quebec (e.g., Montreal Canadiens) and British Columbia (e.g., Vancouver Canucks). Finally, the issue of whether high school‐aged, junior hockey players should be paid as professional employees or continue as unpaid professionals remains part of the national discourse.</p> <hd id="AN0187432429-20">Pedagogical perspective</hd> <p>Professional sport franchises have moved more frequently than most fans would probably prefer, and Canada has had its share of examples, just as in the United States. Since 2015, the NFL's current Los Angeles Rams, Los Angeles Chargers, and Las Vegas Raiders have moved from one city to another. As demonstrated, in the NHL teams have moved back and forth across the Canada–U.S. border. For those who enjoy exploring the litigation related to franchise relocation, consider the legal battle between Al Davis, the owner of the then <emph>Oakland Raiders</emph>, and Pete Rozelle, the Commissioner of the NFL, in which the Raiders were ultimately able to move, having successfully demonstrated that the NFL violated federal antitrust law.</p> <p>As for trademark issues, the Indianapolis Colts' legal battle over the use of <emph>Colts</emph> by the Baltimore CFL team would be an excellent example to include in the intellectual property discussion of the course. In fact, the subsequent NFL team that occupied the city of Baltimore—the <emph>Baltimore Ravens</emph>—became involved in an additional lawsuit of epic proportions over who designed the team logo in the first place.</p> <p>When covering the bankruptcy material, it could be beneficial that not all Canadian teams have filed under U.S. bankruptcy protection. For example, in 2003, when the Ottawa Senators NHL club filed for bankruptcy protection, it utilized Canada's federal Companies' Creditors Arrangement Act, like Chapter 11 bankruptcy filings in the United States.</p> <p>One could also mention that a player on an MLB Canadian team was part of the discussion when, in 1975, Andy Messersmith (Los Angeles Dodgers) and Dave McNally (Montreal Expos) challenged MLB's reserve clause by playing out the season without signing new contracts. Arbitrator Peter Seitz found that the outdated reserve clause merely gave the owners an additional option year, thus leaving Messersmith and McNally free agents and able to sign with another team if they chose. The Seitz decision began the modern era of free agency in MLB, and this historical fact is important to mention when discussing collective bargaining and free agency in professional sport.</p> <hd id="AN0187432429-21">ILLEGITIMATE HOCKEY VIOLENCE</hd> <p>One of the constant battles in the study of sports and torts is the amount of physical contact that is acceptable and within the rules (i.e., legitimate) as opposed to contact and violence that is unacceptable (illegitimate), which could draw a penalty or—even worse—possible criminal prosecution. Though criminal law rarely enters the arena for field‐of‐play contact by competitors, the sport of hockey has seen some examples in which both civil lawsuits and criminal prosecutions have advanced due to violent contact during a game. This section addresses the more prominent hockey examples with Canadian ties.</p> <hd id="AN0187432429-22">Bertuzzi</hd> <p>Colorado Avalanche forward Steve Moore sued Vancouver Canucks forward Todd Bertuzzi in 2005 after Bertuzzi drove Moore's face into the ice on March 8, 2004, in Vancouver causing Moore to suffer serious career‐ending injuries. The criminal justice branch of the Attorney General of British Columbia charged Bertuzzi with assault causing bodily harm on June 24, 2004. Bertuzzi pled guilty to the assault charge after arranging a plea bargain with prosecutors. As a result, he received a conditional discharge requiring 80 hours of community service and one year's probation that prohibited him from playing in any game in which Moore participated.</p> <p>On February 15, 2005, Moore filed a civil lawsuit in a Colorado court against Bertuzzi. However, the lawsuit was dismissed on October 12, 2005, as the Colorado judge ruled the case was better suited for Canadian courts since Moore and all the defendants were Canadian citizens, the incident occurred in Vancouver, and Colorado law would likely not apply.</p> <p>A year later, one day before the two‐year statute of limitations was set to expire, Moore filed another lawsuit in the Ontario Superior Court of Justice against Bertuzzi. Moore's parents sued as well for "negligent infliction of nervous shock and mental distress" having watched the game on television when the incident occurred. On August 19, 2014, it was announced that an out‐of‐court, confidential settlement had been reached. This ended one of the darkest chapters in the history of the NHL.</p> <hd id="AN0187432429-23">McSorley</hd> <p>The Bertuzzi case was reminiscent of another on‐ice incident four years earlier, and the trial was the first for an on‐ice attack by an NHL player since the Minnesota North Stars' Dino Ciccarelli's in 1988. In this instance, Boston Bruins defenseman Marty McSorley was charged with assault with a weapon after he swung his stick and hit Donald Brashear in the head at the end of the game on February 21, 2000, also in Vancouver.</p> <p>Unlike Steve Moore who fell forward in the Bertuzzi case, Brashear fell backward and hit his head on the ice, suffering a Grade III concussion and a seizure. McSorley was suspended by the NHL for the remainder of the 1999–2000 season including the playoffs, missing 23 games. On October 6, 2000, a judge found him guilty of assault with a weapon and sentenced him to a conditional discharge of eighteen months of probation and was ordered not to play against Brashear during that time.</p> <hd id="AN0187432429-24">The arbitration case of Dennis Wideman</hd> <p>In 2017, former NHL on‐ice official Don Henderson filed a $10.25 M lawsuit in Calgary, Alberta against Calgary Flames defenseman Dennis Wideman for an infamous hit from behind during a game between the Flames and Nashville Predators on January 27, 2016. Henderson claimed "Wideman intentionally and deliberately struck Don Henderson," and the NHL initially suspended Wideman for 20 games. However, the lawsuit was stayed by a Canadian judge and ordered to be heard by an NHL arbitrator instead.</p> <p>Thereafter, arbitrator James Oldham concluded the evidence provided by the NHL and the decision by NHL commissioner Gary Bettman to uphold Wideman's 20‐game suspension was not "substantially supported." Oldham ruled that the NHL should not have gone beyond the 10‐game minimum suspension specified in Rule 40.3, which stated that any player who deliberately applies physical force to an official in any manner, which physical force is applied without intent to injure, or who spits on an official, shall be automatically suspended for not less than 10 games. In Oldham's opinion, Wideman showed no intent to injure.</p> <p>Not to be denied, the NHL filed a Complaint seeking vacatur of Oldham's decision and to return Wideman's NHL ban to twenty games from Oldham's ten. However, U.S. District Judge for the Southern District of New York Alison J. Nathan ruled in favor of the NHLPA. Judge Nathan held that arbitrator Oldham did <emph>not</emph> exceed his authority and therefore the suspension was held at ten games, even though Wideman had already served nineteen. Wideman was returned the portion of the salary he lost, $282,258 of the $564,516 he would have forfeited, and he was reinstated immediately. Oldham was then "fired" by the NHL.</p> <hd id="AN0187432429-25">Other hockey violence examples</hd> <p>There are several other noteworthy hockey cases from decades earlier. For example, in the twin Canadian cases of <emph>Regina v. Maki</emph> and <emph>Regina v. Green</emph>, Wayne Maki (St. Louis Blues) and Ted Green (Boston Bruins) were charged with "assault occasioning bodily harm" after each swung their sticks at each other in a pre‐season exhibition game in Ottawa on September 21, 1969. Maki connected with Green's head, fracturing Green's skull, which resulted in paralysis and an immediate trip to the hospital. Both were suspended by the NHL: Maki got thirty days, whereas Green got a thirteen‐game ban. Both Maki and Green were acquitted of the criminal charges in front of separate justices in the Ontario provincial courts in 1970.</p> <p>In a professional minor league playoff hockey game, player Jesse Boulerice was charged with a felony: assault to do great bodily harm less than murder in an OHL game on April 17, 1998, in Plymouth, Michigan, home of the Plymouth Whalers. Boulerice swung his stick at the Guelph Storm's Andrew Long, hitting him in the face. Long was knocked unconscious, suffered a broken nose, facial fractures, a Grade III concussion, a brain contusion, two black eyes, and required stitches. Boulerice pleaded no contest to a reduced charge of aggravated assault on August 9, 1999, in Wayne County, Michigan, and received 90 days' probation. The OHL suspended Boulerice for one year, and the American Hockey League (AHL) declared him ineligible until November 15, 1998.</p> <hd id="AN0187432429-26">Pedagogical perspective</hd> <p>The criminal and civil cases involving NHL players Steve Moore and Todd Bertuzzi, and Donald Brashear and Marty McSorley are, unfortunately, excellent examples of illegitimate sport violence between sport participants though they represent ugly displays of sports participation. Rather than outright displaying the shocking incidents to the students on YouTube in class, I would recommend that professors first carefully craft a statement that watching the videos could be uncomfortable before pressing the play button.</p> <p>Additionally, the Dennis Wideman hit from behind on NHL referee Don Henderson can be equally shocking for students to watch, though all these incidents could open up vibrant discussion about the scope of the expectations of playing hockey and whether the misdeeds constitute a <emph>reckless disregard</emph> of the rules of the sport. The cases and arbitration also provide an interesting exploration of international issues and jurisdictional disputes and the correct forum to bring a legal claim, particularly in light of the dictates of a collective bargaining agreement.</p> <p>Concerns over violence in sports, such as hockey, are not restricted to whether the criminal law should intervene or whether civil claims can be brought by participants themselves against each other or their own medical staff. Concussion prevention, treatment, and care are universal, contemporary concerns today for athletic participants at all levels in Canada as in the United States. The scientific demonstration that repeated blows to the head may result in chronic traumatic encephalopathy (CTE) has presented challenges for all involved in sport.</p> <p>In May 2019, the Nova Scotia School Athletic Federation canceled public high school rugby games because of safety concerns related to concussions, though the cancellation was brief, and the sport was reinstated the next day. On the other hand, Football Canada, the governing body of amateur football, declared it would phase out youth tackle football for those under the age of twelve by January 2022 "to ensure kids engage in full contact at appropriate age."</p> <p>Concussion issues have resulted in civil litigation, such as when former CFL football player Arland Bruce sued the CFL for various medical issues related to "permanent and disabling" repetitive head trauma. Unfortunately for Bruce, the Supreme Court of Canada refused to hear his case, holding that unionized employees must use labor arbitration and not the courts to resolve disputes arising from their collective bargaining agreement.</p> <p>In hockey, repeated and intentional blows to the head have historically been considered just part of the game and resulted in penalties. Today, however, the effects of fighting have resulted in lawsuits. For example, Kelli Ewen, the widow of the hockey enforcer Todd Ewen, filed a lawsuit against the NHL in relation to his death. Todd played eleven seasons in the NHL and fought in almost all his games. After retiring, he began experiencing memory issues and depression and committed suicide in 2015.</p> <p>Similarly, James McEwan, a former captain of the WHL's Kelowna Rockets, sued the CHL and Hockey Canada for having symptoms related to CTE and its relationship to his fighting in hockey. McEwan claimed that the fights were "not just condoned and tolerated by the coaches and managers of the teams he had played for, but was encouraged, praised and rewarded."</p> <p>Despite concerns over concussions, the NHL's Commissioner Gary Bettman has stated, "It would not be possible to consistently and fairly enforce a rule that prohibits head contact of any kind or nature if the NHL is to be maintained as a physical, contact sport." Nonetheless, in November 2018, the NHL reached a tentative settlement with 318 former players who were suing the league for its negligence with regard to concussions and head injuries.</p> <p>Therefore, it would be entirely prudent and effective for the business law or sports law professor to encourage students to research and engage in concussion return‐to‐play protocols at any level of play but especially within their state. For example, the state of Rhode Island has a sports concussion statute known as the School and Youth Programs Concussion Act (SYPCA). In 2014, Rhode Island amended SYPCA to direct the Department of Education and Department of Health to promulgate guidelines for teachers and teachers' aides to complete a training course in concussions and traumatic brain injuries. Coaches, volunteers, and nurses who fall under the statutory framework must complete a training course and annual refresher courses.</p> <hd id="AN0187432429-27">SEXUAL ABUSE</hd> <p>On June 19, 2018, sport minister Kirsty Duncan announced that Canadian national sports bodies that receive federal money "must immediately disclose any incident of abuse, discrimination or harassment to the Minister of Sport." Concerns over sexual abuse by coaches have been an important and constant issue in Canada. A CBC investigation revealed at least 222 coaches who were involved in amateur sport in Canada have been convicted of sexual offenses in the past 20 years, involving more than 600 victims under the age of 18.</p> <p>In the mid‐1990s, Canadian hockey player Sheldon Kennedy revealed that his former hockey coach Graham James had sexually abused him over several years. This misconduct began when Sheldon was a teenager in Manitoba. After James resigned as a part‐owner of the Calgary Hitmen, Calgary police charged him with sexual assault. In 2012, James was convicted of assaulting other former hockey players, including former Calgary Flames player Theo Fleury.</p> <p>Olympian Allison Forsyth, a former skier, said she was sexually abused by her coach, Bertrand Charest, in 1997 and 1998. Charest was found guilty of thirty‐seven sex‐related charges and was eventually given a twelve‐year prison term, though he appealed the convictions. Indeed, the subject of coaching abuse and hazing in junior hockey is a paramount concern in Canada.</p> <p>The volume of investigations, revelations, and discussion of past sexual abuse by coaches and players in Canada—and in the United States for that matter—continues to impact the present. In 2021, a former Taekwondo Canada coach was found guilty of ten charges relating to the grooming and abuse of a teenage athlete, including sexual assault and sexual interference. In another instance, a track coach was banned for life. One means of reporting sexual abuse and wrongdoing as part of the Olympic Movement is through Safe Sport, which is governed by Athletics Canada. In 2022, it was reported that office misconduct exists in the CHL to the point that it has become a "cultural norm." Resignations involving Hockey Canada's leaders followed after vociferous calls for change.</p> <hd id="AN0187432429-28">Pedagogical perspective</hd> <p>The topic of allegations of sexual abuse and harassment by coaches and trainers continues to reveal itself both in the United States and Canada. Though it is important to discuss in a sports law course, it could be an emotional trigger for some students. The professor should mention that in the United States, the Safe Sport Act was signed into law in 2018 to address sexual abuse in Olympic and youth sport and to outline some of the suggestions to create a safe sports environment for amateur athletes at all levels. The Act authorizes the creation of the U.S. Center for SafeSport (SafeSport) tasked with protecting youth and adult athletes in various sports nationwide. In particular, it emerged into the national discourse following the revelation of the Larry Nassar gymnastics scandal involving Michigan State University and USA Gymnastics.</p> <p>Still, concerns over misbehavior by coaches and trainers unrelated to the Olympic Movement continue to be revealed at various intercollegiate institutions, seemingly on a regular basis. SafeSport does not have jurisdiction over the NCAA, and the list of misdeeds and bad actors continues to increase causing some of the accused to commit suicide.</p> <hd id="AN0187432429-29">CONCLUSION</hd> <p>The goal of this article was to demonstrate that Canada has a lot to offer the U.S. sports and business law professors. This article also demonstrates that some sports law issues extend beyond borders or boundaries. The broad range of material included professional, intercollegiate, Olympic, and youth sport law examples of varying impact and length, including current legal issues such as sexual harassment and abuse from coaches. Pedagogical perspectives are provided throughout and offer informative suggestions as to how to incorporate Canadian material into the lecture.</p> <p>Many topics mirror contemporaneous U.S. matters ranging from school nickname concerns to Olympic protests to concussion concerns. Other examples include charges involving unethical and self‐dealing conflicts of interest to spectator violence and interference. Of course, there are examples involving hockey to include eligibility lawsuits and others related to violence in professional hockey which led to criminal misconduct. In sum, Canada is rich with material for the professor looking for an additional, neighboring perspective. It provides a wide domain of opportunities from the land where pines and maples grow and can add considerable value to the U.S. business law and sports law professor to enhance the overall educational experience.</p> <hd id="AN0187432429-30">APPENDIX DISCUSSION QUESTIONS</hd> <p></p> <ulist> <item> How do the intercollegiate sports law issues in Canada differ from those in the United States, particularly in terms of team nicknames and athletic eligibility cases?</item> <p></p> <item> Discuss the impact of the NCAA's policies on Canadian student‐athletes and the legal challenges that have arisen from these policies.</item> <p></p> <item> Analyze the role of criminal law in addressing misconduct in sports, using the examples of Alan Eagleson and unruly spectators at Canadian sporting events.</item> <p></p> <item> How have the Olympic Games hosted by Canada been influenced by political and social issues, and what lessons can be drawn from these events for future international sporting events?</item> <p></p> <item> Evaluate the legal and ethical considerations surrounding violence in professional hockey, with a focus on the cases involving Todd Bertuzzi and Marty McSorley.</item> </ulist> <ref id="AN0187432429-31"> <title> Footnotes </title> <blist> <bibl id="bib1" type="bt">1</bibl> <bibtext> <emph>See, e.g</emph>., Cyd Zeigler, <emph>Trans Athlete Wins Policy Changes with Canada Cycling and Others</emph>, Out Sports (Aug. 1, 2017), https://<ulink href="http://www.outsports.com/2017/8/1/16081592/cycling‐canada‐trans‐athlete‐kristen‐worley">www.outsports.com/2017/8/1/16081592/cycling‐canada‐trans‐athlete‐kristen‐worley</ulink> (discussing the policy changes and participation advocated by Kristen Worley); <emph>see also</emph> Caroline Downey, <emph>Canadian Powerlifting Group Reaffirms Policy Allowing Men to Compete as Women</emph>, Nat'l. Rev. (May 2, 2023), https://<ulink href="http://www.nationalreview.com/news/canadian‐powerlifting‐group‐reaffirms‐policy‐allowing‐men‐to‐compete‐as‐women/">www.nationalreview.com/news/canadian‐powerlifting‐group‐reaffirms‐policy‐allowing‐men‐to‐compete‐as‐women/</ulink>.</bibtext> </blist> <blist> <bibl id="bib2" type="bt">2</bibl> <bibtext> Rhiannon Walker, <emph>Willie O'Ree, the First Black Hockey Player in the NHL, Tabbed for Hockey Hall of Fame</emph>, Andscape (June 26, 2018), https://andscape.com/features/willie‐oree‐the‐first‐black‐hockey‐player‐in‐the‐nhl‐hockey‐hall‐of‐fame/ (providing that O'Ree, a native of Fredericton, New Brunswick, joined 2003 inductee Grant Fuhr and 2010 inductee Angela James as the only black members); <emph>see also</emph> Associated Press, <emph>Grier Named General Manager of Sharks, First Black GM in NHL History</emph>, TSN (July 5, 2022), https://<ulink href="http://www.tsn.ca/mike‐grier‐general‐manager‐san‐jose‐sharks‐1.1821366">www.tsn.ca/mike‐grier‐general‐manager‐san‐jose‐sharks‐1.1821366</ulink>.</bibtext> </blist> <blist> <bibl id="bib3" type="bt">3</bibl> <bibtext> Pat Evans, <emph>Canada Sports Betting on the Way After Senate Passage</emph>, Legal Sports Report (June 22, 2021), https://<ulink href="http://www.legalsportsreport.com/53425/senate‐passes‐canada‐sports‐betting/">www.legalsportsreport.com/53425/senate‐passes‐canada‐sports‐betting/</ulink> (offering that the Canadian Parliament amended Canada's Criminal Code to allow for single‐game wagering); <emph>see also</emph> Canadian Press, <emph>Feds to Enact Single‐game Sports Betting Bill Aug. 27</emph>, TSN (Aug. 12, 2021), https://<ulink href="http://www.tsn.ca/single‐game‐sports‐betting‐august‐27‐1.1680915">www.tsn.ca/single‐game‐sports‐betting‐august‐27‐1.1680915</ulink> (offering that Canada's federal government enacted legislation to legalize single‐game sports betting despite having failed with similar legislation in 2015 and 2016). There are concerns, however, over the lack of guardrails related to sports gambling in Canada. <emph>See, e.g</emph>., Michael McCarthy, <emph>O No Canada: The Next Big Sports Betting Scandal Could Erupt North of the Border</emph>, Front Office Sports (July 21, 2024), https://frontofficesports.com/canada‐is‐primsed‐for‐the‐next‐big‐sports‐betting‐scandal/ (authoring that "there are no laws on the books explicitly banning match‐fixing").</bibtext> </blist> <blist> <bibl id="bib4" type="bt">4</bibl> <bibtext> Lee Friday, <emph>A Government‐Imposed Minimum Wage for Pro Hockey Players?</emph>, Mises Inst. (Dec. 5, 2018), https://mises.org/wire/government‐imposed‐minimum‐wage‐pro‐hockey‐players (discussing the situation and legal issues related to the CHL being sued in a class‐action $180M lawsuit); <emph>see also</emph> Rick Westhead, <emph>WHL Asks Players to Reject Minimum‐wage Lawsuit</emph>, TSN (May 28, 2019), https://<ulink href="http://www.tsn.ca/whl‐asks‐players‐to‐reject‐minimum‐wage‐lawsuit‐1.1313089">www.tsn.ca/whl‐asks‐players‐to‐reject‐minimum‐wage‐lawsuit‐1.1313089</ulink>.</bibtext> </blist> <blist> <bibl id="bib5" type="bt">5</bibl> <bibtext> Rob Gillies, <emph>No Canada: Blue Jays Barred from Playing Games in Toronto</emph>, AP News (July 19, 2020), https://apnews.com/72e93f0780cad703e4d6bd1d47ed2aef (traveling back and forth from Canada to the United States deemed unsafe for players due to the coronavirus COVID‐19 pandemic); <emph>see also</emph> Steven Psihogios, <emph>Report: Unvaccinated NBA Players Could Face Jail Time for Breaching Quarantine in Toronto</emph>, Yahoo! Sports (Oct. 6, 2021), https://sports.yahoo.com/news/unvaccinated‐nba‐players‐jail‐time‐for‐breaching‐quarantine‐in‐toronto‐023129520.html (offering that unvaccinated NBA players who do not follow Canada's Quarantine Act will be subject to strict penalties to include up to six months in prison and/or $750,000 in fines. Unvaccinated could only leave their hotel room for team activities and had to take a COVID‐19 test upon arriving in Canada); <emph>see also</emph> ESPN News Serv's, <emph>Canada to Drop Vaccine Mandate, Mask Requirements for Professional Athletes, Visitors</emph>, ESPN (Sept. 26, 2022), https://<ulink href="http://www.espn.com/mlb/story/%5f/id/34670366/canada‐drop‐vaccine‐mandate‐mask‐requirements‐professional‐athletes‐visitors">www.espn.com/mlb/story/%5f/id/34670366/canada‐drop‐vaccine‐mandate‐mask‐requirements‐professional‐athletes‐visitors</ulink> (reporting that noncitizens entering Canada would no longer be required to be vaccinated against COVID‐19 beginning in October 2022).</bibtext> </blist> <blist> <bibl id="bib6" type="bt">6</bibl> <bibtext> Canada has ten provinces and three territories, which include Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, and Saskatchewan. The three territories include Northwest Territories, Nunavut, and Yukon.</bibtext> </blist> <blist> <bibl id="bib7" type="bt">7</bibl> <bibtext> <emph>See generally Canadian Sports</emph>, Canada Guide, https://thecanadaguide.com/culture/sports/ (last visited Mar. 24, 2025).</bibtext> </blist> <blist> <bibl id="bib8" type="bt">8</bibl> <bibtext> <emph>See, e.g</emph>., Gary Santaniello, <emph>College Hockey Has a Talent Glut, But Nowhere to Grow</emph>, N.Y. Times (Mar. 23, 2017), https://<ulink href="http://www.nytimes.com/2017/03/23/sports/hockey/ncaa‐college‐teams.html">www.nytimes.com/2017/03/23/sports/hockey/ncaa‐college‐teams.html</ulink> ("Hundreds of Canadians choose to continue their careers at American universities."); <emph>but see</emph> Shirley Won, <emph>Canadian Universities Have a Game Plan for Wooing Top Athletes</emph>, Globe & Mail (Oct. 18, 2018), https://<ulink href="http://www.theglobeandmail.com/news/national/education/canadian‐university‐report/canadian‐universities‐have‐a‐game‐plan‐for‐wooing‐top‐athletes/article36634827/">www.theglobeandmail.com/news/national/education/canadian‐university‐report/canadian‐universities‐have‐a‐game‐plan‐for‐wooing‐top‐athletes/article36634827/</ulink> (offering <emph>inter alia</emph> that U Sports, formerly known as Canadian Interuniversity Sport, has aimed to increase more fan excitement and athletic scholarships, too). Noteworthy, provincial associations of Canada are also affiliate members of the National Federation of State High School Associations (NFHS) joining over 17,000 U.S. high schools. <emph>See NFHS Affiliate Associations</emph>, Nat'l Fed'n of State High Sch. Ass'ns (NFHS), https://<ulink href="http://www.nfhs.org/resources/state‐association‐listing">www.nfhs.org/resources/state‐association‐listing</ulink> (last visited Mar. 24, 2025).</bibtext> </blist> <blist> <bibl id="bib9" type="bt">9</bibl> <bibtext> Adam Epstein, Sports Law 42 (2013). The NCAA's headquarters is in Indianapolis.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Daniel Drolet, <emph>UBC and SFU Mull Joining NCAA</emph>, Univ. Affairs (Oct. 6, 2008), https://archives.universityaffairs.ca/news/news‐article/ubc‐and‐sfu‐mull‐joining‐ncaa/. Two Canadian universities are members of the U.S.‐based National Association of Intercollegiate Athletics (NAIA) which include the University of British Columbia and the University of Victoria.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Kyle Bonagura, <emph>Simon Fraser, Canada's Only NCAA Member, Drops Football Program</emph>, ESPN (Apr. 4, 2023), https://<ulink href="http://www.espn.com/college‐football/story/%5f/id/36069565/simon‐fraser‐canada‐only‐ncaa‐member‐drops‐football‐program">www.espn.com/college‐football/story/%5f/id/36069565/simon‐fraser‐canada‐only‐ncaa‐member‐drops‐football‐program</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Dep't of Justice, <emph>Civil and Criminal Cases</emph>, https://<ulink href="http://www.justice.gc.ca/eng/csj‐sjc/just/08.html">www.justice.gc.ca/eng/csj‐sjc/just/08.html</ulink> (last visited Mar. 24, 2025) (offering that in a civil case in Canada, the burden of proof is referred to as "balance of probabilities." This is akin to the "more likely than not" standard in the U.S. civil system); <emph>see also</emph> Peter Bowal, <emph>Ten Differences</emph>, 26 Law Now 1 (Jun/July 2002), https://prism.ucalgary.ca/server/api/core/bitstreams/c7f2dd7c‐0f34‐4e72‐90b6‐e2fd885c00a9/content (offering his insights from working both in Canada and the United States to outline ten differences between Canadian and American law. Bowal notes that regarding the criminal law, "Being a criminal lawyer in Canada is easy because there is only one criminal law and procedure. It is a federal law and applies across the country. There may be some variations in sentencing across the regions.").</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Armin Rosen, <emph>The Olympics Used to Be So Politicized that Most of Africa Boycotted in 1976</emph>, Atl. (Aug. 7, 2012), https://<ulink href="http://www.theatlantic.com/international/archive/2012/08/the‐olympics‐used‐to‐be‐so‐politicized‐that‐most‐of‐africa‐boycotted‐in‐1976/260831/">www.theatlantic.com/international/archive/2012/08/the‐olympics‐used‐to‐be‐so‐politicized‐that‐most‐of‐africa‐boycotted‐in‐1976/260831/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. (offering that South Africa itself had been barred from the Olympics starting in 1964).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Bianca Male, <emph>The 10 Worst Winter Olympics PR Disasters of All Time</emph>, Bus. Insider (Feb. 16, 2010), https://<ulink href="http://www.businessinsider.com/the‐10‐worst‐pr‐scandals‐of‐the‐winter‐olympics‐2010‐2">www.businessinsider.com/the‐10‐worst‐pr‐scandals‐of‐the‐winter‐olympics‐2010‐2</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Chris Lehourites, <emph>Luge Federation Blames Death on 'Driving Errors'</emph>, San Diego Trib. (Apr. 19, 2010), https://<ulink href="http://www.sandiegouniontribune.com/sdut‐luge‐federation‐blames‐death‐on‐driving‐errors‐2010apr19‐story.html">www.sandiegouniontribune.com/sdut‐luge‐federation‐blames‐death‐on‐driving‐errors‐2010apr19‐story.html</ulink> (quoting the international luge federation (FIL), "Nodar did commit driving errors starting in curve 15‐16, which as an accumulation ended in the impact that resulted in him leaving the track and subsequently hitting a post..."). Nodar's family received money from FIL and other sources including an insurance settlement from a policy that Vancouver officials obtained for the Games. <emph>See</emph> Canadian Press, <emph>Luger's Family Gets Olympic Insurance Funds</emph>, CBC (Mar. 14, 2010), https://<ulink href="http://www.cbc.ca/sports/luger‐s‐family‐gets‐olympic‐insurance‐funds‐1.876574">www.cbc.ca/sports/luger‐s‐family‐gets‐olympic‐insurance‐funds‐1.876574</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Mike Rowbottom, <emph>Athletics: Johnson Banned for Life by IAAF</emph>, Indep. (Mar. 6, 1993), https://<ulink href="http://www.independent.co.uk/sport/athletics‐johnson‐banned‐for‐life‐by‐iaaf‐1496028.html">www.independent.co.uk/sport/athletics‐johnson‐banned‐for‐life‐by‐iaaf‐1496028.html</ulink> (reporting that Johnson was banned for life for testing positive for excessive levels of testosterone at a meet in Montreal).</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Male, <emph>supra</emph> note 94.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.; <emph>see also</emph> Dan Bilefsky, <emph>Disgraced at Olympics Over Marijuana, Canadian Snowboarder Hopes to Ride to Cannabis Success</emph>, N.Y. Times (Nov. 2, 2018), https://<ulink href="http://www.nytimes.com/2018/11/02/world/canada/canada‐pot‐snowboarder‐olympics.html">www.nytimes.com/2018/11/02/world/canada/canada‐pot‐snowboarder‐olympics.html</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Emily Kaplan, <emph>Is the NHL the Future of Marijuana in Pro Sports? Why It Could Be</emph>, ESPN (Mar. 7, 2019), <ulink href="http://www.espn.com/nhl/story/%5f/id/26046596/is‐nhl‐future‐marijuana‐pro‐sports‐why‐be">http://www.espn.com/nhl/story/%5f/id/26046596/is‐nhl‐future‐marijuana‐pro‐sports‐why‐be</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.; <emph>see also</emph> Bani Spara, <emph>Canada Becomes Second Nation in the World to Legalize Marijuana</emph>, CNN (June 20, 2018), https://<ulink href="http://www.cnn.com/2018/06/20/health/canada‐legalizes‐marijuana/index.html;">www.cnn.com/2018/06/20/health/canada‐legalizes‐marijuana/index.html;</ulink><emph>see also</emph> Jake Kelinson, <emph>The Business Buds: How the Booming Marijuana Industry Is Potting Seeds in Professional Sports Enterprises</emph>, Am. Bar (Mar. 11, 2022), https://<ulink href="http://www.americanbar.org/groups/entertainment%5fsports/publications/entertainment‐sports‐lawyer/esl‐38‐01‐winter22/the‐business‐buds‐how‐booming‐marijuana‐industry‐potting‐seeds‐professional‐sports‐enterprises/;">www.americanbar.org/groups/entertainment%5fsports/publications/entertainment‐sports‐lawyer/esl‐38‐01‐winter22/the‐business‐buds‐how‐booming‐marijuana‐industry‐potting‐seeds‐professional‐sports‐enterprises/;</ulink><emph>but see</emph> Kevin Draper & Juliet Macur, <emph>Sha'Carri Richardson, a Track Sensation, Tests Positive for Marijuana</emph>, N.Y. Times (July 2, 2021), https://<ulink href="http://www.nytimes.com/2021/07/01/sports/olympics/shacarri‐richardson‐suspended‐marijuana.html">www.nytimes.com/2021/07/01/sports/olympics/shacarri‐richardson‐suspended‐marijuana.html</ulink> (reporting that although Richardson won the women's 100‐meter race at the U.S. track and field trials in Oregon just before the Tokyo Olympic Games, her positive test for marijuana resulted in a one‐month suspension and therefore disqualified her from running that same event in the same upcoming Olympics).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Jay Kim & David Spears, <emph>A Guide to the Sport Dispute Resolution Centre of Canada: The Primary Appeals Body for Amateur Sports</emph>, Law in Sport (July 2, 2019), https://<ulink href="http://www.lawinsport.com/topics/articles/item/a‐guide‐to‐the‐sport‐dispute‐resolution‐centre‐of‐canada‐the‐primary‐appeals‐body‐for‐amateur‐sports">www.lawinsport.com/topics/articles/item/a‐guide‐to‐the‐sport‐dispute‐resolution‐centre‐of‐canada‐the‐primary‐appeals‐body‐for‐amateur‐sports</ulink> (examining the SDRCC in general and offering, "Canada is home to 58 different Sports Governing Bodies (SGBs), also known as National Sport Organizations, the national governing bodies for any given sport in Canada, ranging from non‐Olympic sports such as broomball, to Hockey Canada which oversees our national pastime, from grassroots to Olympic Teams, with 626,090 registered athletes nationwide.").</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Justin McCurry, <emph>Tokyo 2020 Olympics in Doubt as Canada Becomes First Team to Pull Out Over Coronavirus</emph>, Guardian (Mar. 22, 2020), https://<ulink href="http://www.theguardian.com/sport/2020/mar/23/tokyo‐2020‐olympics‐in‐doubt‐as‐canada‐becomes‐first‐team‐to‐pull‐out‐over‐coronavirus">www.theguardian.com/sport/2020/mar/23/tokyo‐2020‐olympics‐in‐doubt‐as‐canada‐becomes‐first‐team‐to‐pull‐out‐over‐coronavirus</ulink>. The Tokyo Olympics were subsequently postponed a year to 2021; <emph>see also</emph> Meghan Collie, "<emph>It's Bigger Than Our Sport": Canadian Athletes on 2020 Olympic Games Postponement</emph>, Global News (Apr. 4, 2020), https://globalnews.ca/news/6734849/coronavirus‐olympics‐team‐canada/.</bibtext> </blist> <blist> <bibtext> Epstein, <emph>supra</emph> note 9, at 156–59.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Evan Radford, <emph>Former NHLer, Sex Abuse Survivor Sheldon Kennedy Applauds New Rule That Makes Reporting Abuse in Sports a Priority</emph>, Star (July 3, 2018), https://<ulink href="http://www.thestar.com/calgary/2018/07/03/sheldon‐kennedy‐says‐a‐new‐demand‐for‐sports‐bodies‐to‐report‐abuse‐helps‐build‐knowledge‐and‐support‐for‐people‐wanting‐to‐come‐forward.html">www.thestar.com/calgary/2018/07/03/sheldon‐kennedy‐says‐a‐new‐demand‐for‐sports‐bodies‐to‐report‐abuse‐helps‐build‐knowledge‐and‐support‐for‐people‐wanting‐to‐come‐forward.html</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Gretchen Kerr et al., Prevalence of Maltreatment Among Current and Former National Team Athletes, AthletesCAN (April 30, 2019), https://athletescan.ca/wp‐content/uploads/2014/03/prevalence%5fof%5fmaltreatment%5freporteng.pdf; <emph>see also</emph> Laura Kane, <emph>Call for Coaching Codes of Conduct after Harassment Allegations at UVic</emph>, Nat'l Post (Mar. 15, 2020), https://nationalpost.com/pmn/news‐pmn/canada‐news‐pmn/call‐for‐coaching‐codes‐of‐conduct‐after‐harassment‐allegations‐at‐uvic; <emph>see also</emph> Rick Westhead, <emph>Sources Confirm NHL Players Facing Charges in Sexual Assault Investigation</emph>, TSN (Jan. 30, 2024), https://<ulink href="http://www.tsn.ca/nhl/sources‐confirm‐nhl‐players‐facing‐charges‐in‐sexual‐assault‐investigation‐1.2069570">www.tsn.ca/nhl/sources‐confirm‐nhl‐players‐facing‐charges‐in‐sexual‐assault‐investigation‐1.2069570</ulink> (reporting that four NHL players were directed to surrender to police in London, Ontario, and to be charged with sexual assault related to an incident during a Hockey Canada event in June 2018).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Lori Ward & Jamie Strashin, <emph>Sex Offences Against Minors: Investigation Reveals More Than 200 Canadian Coaches Convicted in Last 20 Years</emph>, CBC (Feb. 10, 2019), https://<ulink href="http://www.cbc.ca/sports/amateur‐sports‐coaches‐sexual‐offences‐minors‐1.5006609">www.cbc.ca/sports/amateur‐sports‐coaches‐sexual‐offences‐minors‐1.5006609</ulink>.</bibtext> </blist> <blist> <bibtext> Radford, <emph>supra</emph> note 199.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Devin Heroux, <emph>Canadian Athletes Want the Lip Service Around Safe Sport to Stop</emph>, CBC (Apr. 30, 2019), https://<ulink href="http://www.cbc.ca/sports/canadian‐athletes‐want‐the‐lip‐service‐around‐safe‐sport‐to‐stop‐1.5117345">www.cbc.ca/sports/canadian‐athletes‐want‐the‐lip‐service‐around‐safe‐sport‐to‐stop‐1.5117345</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.; <emph>see also</emph> Steve Rukavina, <emph>Lawyers for Former National Ski Coach Bertrand Charest Want Charges Tossed</emph>, CBC (June 4, 2019), https://<ulink href="http://www.cbc.ca/news/canada/montreal/bertrand‐charest‐appeal‐court‐1.5161627">www.cbc.ca/news/canada/montreal/bertrand‐charest‐appeal‐court‐1.5161627</ulink> ("The Crown has already conceded that 20 of the 37 counts Charest was convicted of should be thrown out, due to insufficient evidence or technical mistakes, and it has acknowledged that it cannot prove some of the victims were minors in the case of some of the sexual exploitation charges. It's arguing the other 17 counts for which Charest was found guilty should stand."). Not all abuse by coaches has been sexual in nature. <emph>See, e.g</emph>., Michael McCann, <emph>How NHL Can Handle Bill Peters Following Accusations of Verbal and Physical Abuse</emph>, Sports Illustrated (Nov. 27, 2019), https://<ulink href="http://www.si.com/nhl/2019/11/27/nhl‐discipline‐bill‐peters‐abuse‐accusations">www.si.com/nhl/2019/11/27/nhl‐discipline‐bill‐peters‐abuse‐accusations</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Rick Westhead, <emph>Affidavits Outline Alleged Abuse, Harassment and Hazing in Junior Hockey</emph>, TSN (Dec. 8, 2020), https://<ulink href="http://www.tsn.ca/affidavits‐outline‐alleged‐abuse‐harassment‐and‐hazing‐in‐junior‐hockey‐1.1561527">www.tsn.ca/affidavits‐outline‐alleged‐abuse‐harassment‐and‐hazing‐in‐junior‐hockey‐1.1561527</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See, e.g</emph>., Canadian Press, <emph>Toronto Experts Call for Independent Body to Tackle Abuse in Sport</emph>, SportsNet (Mar. 26, 2020), https://<ulink href="http://www.sportsnet.ca/olympics/toronto‐experts‐call‐independent‐body‐tackle‐abuse‐sport/">www.sportsnet.ca/olympics/toronto‐experts‐call‐independent‐body‐tackle‐abuse‐sport/</ulink> (offering that the sport of track and field has been shaken by several recent scandals and listing examples and names. The article states, "While the sentencing of U.S. gymnastics doctor Larry Nassar two years ago might have been a watershed moment for sexual harassment and assault in sport, Canada has had its share of high‐profile cases."); <emph>see also</emph> Canadian Press, <emph>Former Canadian Hockey League Players Detail Allegations of Abuse, Hazing</emph>, CBC (Dec. 9, 2020), https://<ulink href="http://www.cbc.ca/sports/hockey/canadian‐hockey‐league‐class‐action‐lawsuit‐1.5834716">www.cbc.ca/sports/hockey/canadian‐hockey‐league‐class‐action‐lawsuit‐1.5834716</ulink> (reporting of the lawsuit filed by fourteen former Canadian Hockey League players who submitted affidavits alleging abuse and hazing in a class‐action lawsuit led by plaintiffs Daniel Carcillo and Garrett Taylor and was filed with the Ontario Superior Court of Justice in June 2020); <emph>see also</emph> Press Release, <emph>OHL Announces Sanctions Against the Niagara IceDogs Hockey Club</emph>, Ontario Hockey League (May 4, 2023), https://ontariohockeyleague.com/article/ohl‐announces‐sanctions‐against‐the‐niagara‐icedogs‐hockey‐club‐050423 (listing the punishments to the team, general manager, and players after an investigation demonstrated violations of the OHL's Violations of the Maltreatment, Bullying and Harassment Protection and Prevention Policy and the Code of Conduct).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Michael Houston, <emph>Former Taekwondo Canada Coach Found Guilty of 10 charges in Sexual Abuse Case</emph>, Inside the Games (Jan. 19, 2021), https://<ulink href="http://www.insidethegames.biz/articles/1103184/shin‐wook‐lim‐taekwondo‐canada">www.insidethegames.biz/articles/1103184/shin‐wook‐lim‐taekwondo‐canada</ulink>.</bibtext> </blist> <blist> <bibtext> CBC Sports, <emph>Athletics Canada Hands Lifetime Ban to Evon Buchanan after Sexual Harassment Investigation</emph>, CBC (Nov. 9, 2020), https://<ulink href="http://www.cbc.ca/sports/olympics/summer/trackandfield/athletics‐canada‐evon‐buchanan‐lifetime‐ban‐1.5796142">www.cbc.ca/sports/olympics/summer/trackandfield/athletics‐canada‐evon‐buchanan‐lifetime‐ban‐1.5796142</ulink>.</bibtext> </blist> <blist> <bibtext> Athletics Canada, <emph>Safe Sport</emph>, https://athletics.ca/safesport/ (last visited Mar. 24, 2025); <emph>see also</emph> Canadian Centre for Ethics in Sport, <emph>About Us</emph>, https://cces.ca/about‐us (last visited Mar. 24, 2025) ("The Canadian Centre for Ethics in Sport (CCES) is an independent, national, not‐for‐profit organization working for and on behalf of athletes, players, coaches, parents, officials and administrators."); <emph>see also</emph> James Sutherland, <emph>Swimming Canada Questioned by Parliament in Safe Sport Hearing Regarding CEO Departure</emph>, SwimSwam (June 6, 2023), https://swimswam.com/swimming‐canada‐questioned‐by‐parliament‐in‐safe‐sport‐hearing‐regarding‐ceo‐departure/ (referencing, <emph>inter alia</emph>, that four former members of the Canadian women's water polo team sued the organization in October 2022 and alleged a toxic culture though the allegations had not yet been addressed by a court).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Rick Westhead, <emph>Independent Panel Finds 'Code of Silence' Exists in CHL Over Abuse</emph>, TSN (Jan. 21, 2022), https://<ulink href="http://www.tsn.ca/independent‐panel‐finds‐code‐of‐silence‐exists‐in‐chl‐over‐abuse‐1.1749038">www.tsn.ca/independent‐panel‐finds‐code‐of‐silence‐exists‐in‐chl‐over‐abuse‐1.1749038</ulink> (providing that the panel's members included Sheldon Kennedy, New Brunswick premier Camille Theriault, and former women's hockey coach and general manager Daniele Sauvageau); <emph>see also</emph>, Rick Westhead, <emph>Hockey Canada, CHL Settle Lawsuit Over Alleged Sexual Assault Involving World Junior players</emph>, TSN (May 26, 2022), https://<ulink href="http://www.tsn.ca/hockey‐canada‐chl‐settle‐lawsuit‐over‐alleged‐sexual‐assault‐involving‐world‐junior‐players‐1.1804861;">www.tsn.ca/hockey‐canada‐chl‐settle‐lawsuit‐over‐alleged‐sexual‐assault‐involving‐world‐junior‐players‐1.1804861;</ulink><emph>see also</emph> Rick Westhead, <emph>Hockey Canada Releases Report on Maltreatment Complaints in 2022–23</emph>, TSN (Nov. 30, 2023), https://<ulink href="http://www.tsn.ca/hockey‐canada/hockey‐canada‐releases‐report‐on‐maltreatment‐complaints‐in‐2022‐23‐1.2042703">www.tsn.ca/hockey‐canada/hockey‐canada‐releases‐report‐on‐maltreatment‐complaints‐in‐2022‐23‐1.2042703</ulink> ("The report's release comes more than three years after Hockey Canada said in response to TSN's reporting on discrimination in minor hockey that it would develop an incident‐tracking system to begin documenting reported incidents of racism, bullying and harassment.").</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Ashley Burke, <emph>Sport Minister Calls for "Change" at Hockey Canada As Calls for Resignations Mount</emph>, CBC (Aug. 27, 2022), https://<ulink href="http://www.cbc.ca/news/politics/hockey‐canada‐st‐onge‐sport‐minister‐denounces‐1.6562648">www.cbc.ca/news/politics/hockey‐canada‐st‐onge‐sport‐minister‐denounces‐1.6562648</ulink> (discussing how Canada's Minister of Sport Pascale St‐Onge has sharply criticized the organization's leadership, its lack of attention to sexual assaults involving Junior hockey players, and how it also needed more diversity among its board of directors).</bibtext> </blist> <blist> <bibtext> Much of the material was originally presented at the annual conference of the Academy of Legal Studies in Business in Montreal, QC, on August 7, 2019.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.; <emph>see also</emph> David Rieder, <emph>Simon Fraser University, the Only Canadian NCAA Swim Team</emph>, Swimming World (Jan. 19, 2018), https://<ulink href="http://www.swimmingworldmagazine.com/news/simon‐fraser‐university‐the‐only‐canadian‐ncaa‐swim‐team/">www.swimmingworldmagazine.com/news/simon‐fraser‐university‐the‐only‐canadian‐ncaa‐swim‐team/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Steve Gardner, <emph>Simon Fraser University Drops Clan as School's Nickname</emph>, USA Today (Aug. 13, 2020), https://<ulink href="http://www.usatoday.com/story/sports/2020/08/13/simon‐fraser‐university‐drops‐clan‐varsity‐sports‐teams‐nickname/3368888001/">www.usatoday.com/story/sports/2020/08/13/simon‐fraser‐university‐drops‐clan‐varsity‐sports‐teams‐nickname/3368888001/</ulink> (offering that the term <emph>Clan</emph> was a shortened version of Clansmen reflecting the Gaelic word family as opposed to the term <emph>Klan</emph> as in Ku Klux Klan); <emph>see also</emph> Jon Azpiri, <emph>SFU Prof Says "Clan" Team Name Should Change, Puts Student Athletes At Risk</emph>, Global News (Sept. 24, 2017), https://globalnews.ca/news/3766060/sfu‐prof‐says‐clan‐team‐name‐should‐change‐puts‐student‐athletes‐at‐risk/ (sharing the concerns of an SFU professor who asserts that the team name could offensive to Americans who associate "The Clan" with the Ku Klux Klan and instead suggesting that "The Tartans" might work which would still recognize SFU's Scottish heritage).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Will Henderson, <emph>Simon Fraser University Announces New Varsity Team Name</emph>, SFU Athletics (Sept. 6, 2022), https://athletics.sfu.ca/news/2022/9/6/general‐athletics‐simon‐fraser‐university‐announces‐new‐varsity‐team‐name.aspx.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Patrick Andres, <emph>Simon Fraser, NCAA's Only Canadian Member School, Ends Football Program</emph>, Sports Illustrated (Apr. 4, 2023), https://<ulink href="http://www.si.com/college/2023/04/04/simon‐fraser‐drops‐football‐ncaa‐canada;">www.si.com/college/2023/04/04/simon‐fraser‐drops‐football‐ncaa‐canada;</ulink><emph>see also</emph> Jess Balzer, <emph>'Difficult Decision': SFU Announces End of Varsity Football Program</emph>, Burnaby now (Apr. 4, 2023), https://<ulink href="http://www.burnabynow.com/local‐news/difficult‐decision‐sfu‐announces‐end‐of‐varsity‐football‐program‐6807873">www.burnabynow.com/local‐news/difficult‐decision‐sfu‐announces‐end‐of‐varsity‐football‐program‐6807873</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Bonagura <emph>supra</emph>, note 11; <emph>see also</emph> Karin Larsen, <emph>SFU Athletics Director Departs School 4 Months After Football Cancellation Controversy</emph>, CBC (Aug. 2, 2023), https://<ulink href="http://www.cbc.ca/news/canada/british‐columbia/sfu‐athletics‐director‐departs‐1.6926100">www.cbc.ca/news/canada/british‐columbia/sfu‐athletics‐director‐departs‐1.6926100</ulink> (noting that five players filed for an injunction to keep the team but that effort was denied by B.C. Supreme Court).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Matthew Stock, <emph>'The Redmen': The History of McGill's Nickname‐and the Fight for Its Removal</emph>, WBUR (Feb. 8, 2019), https://<ulink href="http://www.wbur.org/onlyagame/2019/02/08/mcgill‐redmen‐tomas‐jirousek‐blackhawk">www.wbur.org/onlyagame/2019/02/08/mcgill‐redmen‐tomas‐jirousek‐blackhawk</ulink>. The concerns over the use of Indigenous People as logos or nicknames are not unique to universities. <emph>See, e.g</emph>., Daniela Perez, <emph>Edmonton CFL Team Drops 'Eskimos' from Name</emph>, Sports Illustrated (July 21, 2020), https://<ulink href="http://www.si.com/nfl/2020/07/21/cfl‐edmonton‐football‐team‐changes‐name">www.si.com/nfl/2020/07/21/cfl‐edmonton‐football‐team‐changes‐name</ulink> (noting that the timing came a week after the Washington football team said it was changing its name away from the Redskins). Ultimately, the Edmonton football team chose the name Edmonton Elks. <emph>See</emph> Gerry Moddejonge, <emph>Edmonton Elks New Name for CFL Team</emph>, Edmonton Sun (June 1, 2021), https://edmontonsun.com/sports/football/cfl/ee‐football/edmonton‐elks‐new‐name‐for‐cfl‐team.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Canadian Press, <emph>McGill Students Vote Overwhelmingly for Change to Redmen Team Nickname</emph>, Nat'l Post (Nov. 13, 2018), https://nationalpost.com/news/mcgill‐students‐vote‐overwhelmingly‐for‐change‐to‐redmen‐team‐nickname (offering, "In ancient times, Celts were known as the Red Men because of their hair ... our own Red Men were no doubt Celts in honour of James McGill's Scottish descent," McGill's official historian, the late Stanley Frost, is quoted stating on the McGill Athletics web site.").</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Kyle Dewsnap, <emph>McGill Changes Controversial Varsity Team's Name</emph>, McGill Trib. (Apr. 23, 2019), <ulink href="http://www.mcgilltribune.com/news/mcgill‐changes‐controversial‐varsity‐teams‐name‐190423/">http://www.mcgilltribune.com/news/mcgill‐changes‐controversial‐varsity‐teams‐name‐190423/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Adam Burton et al., <emph>Redbird Name Fails to Bring Unity to McGill Athletics</emph>, McGill Trib. (Nov. 24, 2020), <ulink href="http://www.mcgilltribune.com/sports/redbird‐name‐fails‐to‐bring‐unity‐to‐mcgill‐athletics‐11242020/">http://www.mcgilltribune.com/sports/redbird‐name‐fails‐to‐bring‐unity‐to‐mcgill‐athletics‐11242020/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Kevin Kaduk, <emph>25 Colleges That Changed Their Native American Nicknames</emph>, List Wire (Dec. 14, 2020), https://thelistwire.usatoday.com/lists/25‐colleges‐that‐changed‐their‐native‐american‐nicknames/; <emph>see also</emph> Alyssa Burr, <emph>Southern Michigan School Last in State to Remove Native American Slur from Use</emph>, MLive.com (May 5, 2023), https://<ulink href="http://www.mlive.com/public‐interest/2023/05/southern‐michigan‐school‐last‐in‐state‐to‐remove‐native‐american‐slur‐from‐use.html#">www.mlive.com/public‐interest/2023/05/southern‐michigan‐school‐last‐in‐state‐to‐remove‐native‐american‐slur‐from‐use.html#</ulink> (reporting that the Camden‐Frontier Schools Board of Education voted "to respectfully retire the Redskin mascot effective immediately with phased out completion by the end of June 2024").</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Chris Cwik, <emph>Washington's Attempt to Trademark "Commanders" Gets Denied; What Does It Mean for the Team's New Name?</emph>, Yahoo! Sports (May 24, 2023), https://sports.yahoo.com/washingtons‐attempt‐to‐trademark‐commanders‐gets‐denied‐what‐does‐it‐mean‐for‐the‐teams‐new‐name‐224701824.html; <emph>but see</emph> Matthew Paras, <emph>Commanders' Trademark Application Finally Approved</emph>, Wash. Times (Sept. 28, 2023), https://<ulink href="http://www.washingtontimes.com/news/2023/sep/28/commanders‐trademark‐application‐finally‐approved/">www.washingtontimes.com/news/2023/sep/28/commanders‐trademark‐application‐finally‐approved/</ulink> ("The U.S. Patent and Trademark Office issued approval to the team on Sept. 6, months after the office initially denied the team's request on the grounds that the name would likely be confused with an existing trademark and existing applications").</bibtext> </blist> <blist> <bibtext> Epstein, Sports Law,<emph>supra</emph> note 9, at 390 (offering a history of concerns related to intercollegiate nicknames including the Florida State Seminoles and others); <emph>see also</emph> Evan Petzold, <emph>Are All Native American Nicknames Racist? We Asked Michigan High Schools That Use Them</emph>, Detroit Free Press (July 19, 2020), https://<ulink href="http://www.freep.com/story/sports/high‐school/2020/07/19/native‐american‐michigan‐high‐school‐sports‐nicknames/5461896002/">www.freep.com/story/sports/high‐school/2020/07/19/native‐american‐michigan‐high‐school‐sports‐nicknames/5461896002/</ulink>.</bibtext> </blist> <blist> <bibtext> Matal v. Tam, 582 U.S. 218 (2017).</bibtext> </blist> <blist> <bibtext> <emph>See generally</emph> Mark Conrad, <emph>Matal v. Tam‐A Victory for the Slants, a Touchdown for the Redskins, but an Ambiguous Journey for the First Amendment and Trademark Law</emph>, 36 Cardozo Arts & Ent. L.J. 83 (2018).</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 105–112.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> Matal v. Tam, <emph>supra</emph> note 25, at 246 (Justice Samuel Alito opining, "Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express 'the thought that we hate'").</bibtext> </blist> <blist> <bibtext> Conrad, <emph>supra</emph> note 26, at 120.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Jabari Young, <emph>Washington Football Team Officially Renamed Washington Commanders, Ending a Search That Took More Than One Year</emph>, CNBC (Feb. 2, 2022), https://<ulink href="http://www.cnbc.com/2022/02/02/washington‐football‐team‐officially‐renamed‐washington‐commanders.html">www.cnbc.com/2022/02/02/washington‐football‐team‐officially‐renamed‐washington‐commanders.html</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See, e.g</emph>., Meron Moges‐Gerbi, <emph>George Washington University Drops Colonial Nickname</emph>, CNN (May 26, 2023), https://<ulink href="http://www.cnn.com/2023/05/26/us/george‐washington‐university‐nickname/index.html">www.cnn.com/2023/05/26/us/george‐washington‐university‐nickname/index.html</ulink> (reporting that the university changed its school nickname to the <emph>Revolutionaries</emph>); <emph>see also</emph> April Rubin, <emph>George Washington University Is Moving on from 'Colonials'</emph>, N.Y. Times (Mar. 26, 2023), https://<ulink href="http://www.nytimes.com/2023/03/26/us/george‐washington‐university‐moniker.html">www.nytimes.com/2023/03/26/us/george‐washington‐university‐moniker.html</ulink>.</bibtext> </blist> <blist> <bibtext> 366 F. Supp. 1152 (D. Mass 1973).</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 1154–55.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 1156–57.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 1157 (finding a "...substantial likelihood that defendants are depriving plaintiffs of their right to the equal protection of the laws, U.S. Const., Amend. XIV, a right guaranteed to resident aliens as well as American citizens").</bibtext> </blist> <blist> <bibtext> Jones v. National Collegiate Athletic Ass'n, 392 F. Supp. 295 (D. Mass. 1975).</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 299 ("Prior to his matriculation at Northeastern, the plaintiff had played five seasons of hockey for various non‐scholastic Canadian and American teams"). This included the Montreal Junior Canadiens in 1971–72 and the Montreal Bleu Blanc Rouge (formerly the Junior Canadiens) the following season.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 296.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 298 (citing Parish v. N.C.A.A., 506 F.2d 1028 (5th Cir. 1975)).</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 300.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 303. It is interesting to note that one of the legal theories that Buckton argued was that he was discriminated based upon [his lack of] wealth, thereby violating the Equal Protection clause. This argument did not prevail though it was addressed by the court.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 304 ("The temporary restraining order issued on December 9, 1975, is hereby vacated except insofar as it enjoins the defendants from sanctioning or disciplining Northeastern for having permitted the plaintiff to play ice hockey").</bibtext> </blist> <blist> <bibtext> Spath v. National Collegiate Athletic Ass'n, 728 F.2d 25 (1st Cir. 1984). The <emph>Spath</emph> decision was referenced by the U.S. Supreme Court in Nat'l Collegiate Athletic Ass'n v. Tarkanian, 488 U.S. 179, 182 (1988) (n. 5).</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 27.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 29.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See, e.g</emph>., Bean v. Wilson Cnty. Sch. Sys., 488 S.W.3d 782, 790 (Tenn. Ct. App. 2015) ("In Tennessee, like the majority of jurisdictions, the right to participate in athletics is considered to be 'a mere privilege.' Because there is no legal right to participate in sports, participation in interscholastic athletics is deemed to 'fall outside the protection of the due process clause of the Fourteenth Amendment'").</bibtext> </blist> <blist> <bibtext> The USOC, now known as the United States Olympic and Paralympic Committee, is not a state or governmental actor either. <emph>See</emph> S.F. Arts & Athletics, Inc. v. United States Olympic Comm., 483 U.S. 522 (1987) (holding that the USOC is not a governmental actor).</bibtext> </blist> <blist> <bibtext> NCAA v. Tarkanian, 488 U.S. 179 (1988). For a further summary and discussion of the Supreme Court decision, <emph>see</emph> Kadence A. Otto & Kristal S. Stippich, <emph>Revisiting Tarkanian: The Entwinement and Interdependence of the NCAA and State Universities and Colleges 20 Years Later</emph>, 18 J. Legal Aspects of Sport 243, 261–69; <emph>see also</emph> Adam Epstein, <emph>Nevada and Sports Law</emph>, 23 Atl. L. J. 126, 133–36 (2021).</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 198. The <emph>Spath</emph> decision was mentioned in the <emph>Tarkanian</emph> decision on page 181, footnote 5, in which the Supreme Court lists various cases, many of which are NCAA‐related, addressing whether NCAA's rules and decisions constitute "state action." Up to that time, a host of cases held that it did constitute a state actor while others did not. The note states, "Although the NCAA's status as a state or private actor is a novel issue in this Court, lower federal courts have entertained the question for a number of years." <emph>Id</emph>. at 182.</bibtext> </blist> <blist> <bibtext> <emph>See generally</emph> Adam Epstein & Paul Anderson, <emph>Utilization of the National Collegiate Athletic Association (NCAA) Manual as a Teaching Tool</emph>, 26 J. Legal Stud. Educ. 109 (2009) (providing a vast resource of NCAA‐related cases that reached the courts including those that reached the U.S. Supreme Court in which the NCAA was a party to include Nat'l Collegiate Athletic Ass'n v. Bd. of Regents of Univ. of Okla., 468 U.S. 85 (1984) (finding restricted television broadcast plan violated antitrust laws), Nat'l Collegiate Athletic Ass'n v. Tarkanian, 488 U.S. 179 (1988) (finding NCAA not a state actor), and Nat'l Collegiate Athletic Ass'n v. Smith, 525 U.S. 459 (1999) (finding that NCAA was not subject to Title IX jurisdiction itself)).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Kristen Shilton, <emph>NCAA Sued Over Major‐Junior Hockey Player Ban</emph>, ESPN (Aug. 13, 2024), https://<ulink href="http://www.espn.com/college‐sports/story/%5f/id/40846088/ncaa‐sued‐major‐junior‐hockey‐player‐ban">www.espn.com/college‐sports/story/%5f/id/40846088/ncaa‐sued‐major‐junior‐hockey‐player‐ban</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. (referencing NCAA Bylaw 12.2.3.2, which states that "an individual shall not be eligible for intercollegiate athletics in a sport if the individual ever competed on a professional team"); In 2022, Masterson played two exhibition games for the OHL's Windsor Spitfires, which cost him his NCAA eligibility. <emph>See</emph> Rick Westhead, <emph>Former CHL Players Ask Judge to Stop Major Junior Leagues from Holding Drafts</emph>, TSN (Oct. 1, 2024), https://<ulink href="http://www.tsn.ca/chl/former‐chl‐players‐ask‐judge‐to‐stop‐major‐junior‐leagues‐from‐holding‐drafts‐1.2181941;">www.tsn.ca/chl/former‐chl‐players‐ask‐judge‐to‐stop‐major‐junior‐leagues‐from‐holding‐drafts‐1.2181941;</ulink><emph>but see</emph> Canadian Press, <emph>U.S. Judge Dismisses Lawsuit That Sought End to Major Junior Drafts</emph>, TSN (Nov. 27, 2024), https://<ulink href="http://www.tsn.ca/chl/u‐s‐judge‐dismisses‐lawsuit‐that‐sought‐end‐to‐major‐junior‐drafts‐1.2210923;">www.tsn.ca/chl/u‐s‐judge‐dismisses‐lawsuit‐that‐sought‐end‐to‐major‐junior‐drafts‐1.2210923;</ulink><emph>see also</emph> Michael McCann<emph>, NCAA Sued Over Hockey's "Boycott" of Junior League Players</emph>, Sportico (Aug. 15, 2024), https://<ulink href="http://www.sportico.com/law/analysis/2024/ncaa‐hockey‐antitrust‐lawsuit‐1234793568/">www.sportico.com/law/analysis/2024/ncaa‐hockey‐antitrust‐lawsuit‐1234793568/</ulink> (referencing former antitrust claims against the NCAA, "The underlying antitrust theory in <emph>Masterton v. NCAA</emph> is the same as the one used in <emph>O'Bannon</emph>, <emph>Alston</emph>, <emph>House</emph> and other lawsuits challenging amateurism rules"); <emph>see also</emph> Scott Wheeler & Corey Pronman, <emph>NCAA Votes to Open Up College Eligibility to Canadian Hockey League Players</emph>, Athletic (Nov. 7, 2024), https://<ulink href="http://www.nytimes.com/athletic/5827014/2024/11/07/ncaa‐hockey‐chl‐players‐eligiblity/">www.nytimes.com/athletic/5827014/2024/11/07/ncaa‐hockey‐chl‐players‐eligiblity/</ulink> (offering that the NCAA legislation would take effect as of Aug. 1, 2025, and opened up eligibility for CHL players for the 2025–26 college season). The QMJHL changed its name from "Major Junior" to "Maritimes Junior" in 2023 to reflect its six Maritime teams. <emph>See</emph> Canadian Press, <emph>QMJHL Changes Name to Better Represent Its Six Maritime Teams</emph>, TSN (Dec. 14, 2023), https://<ulink href="http://www.tsn.ca/chl/qmjhl‐changes‐name‐to‐better‐represent‐its‐six‐maritime‐teams‐1.2049005">www.tsn.ca/chl/qmjhl‐changes‐name‐to‐better‐represent‐its‐six‐maritime‐teams‐1.2049005</ulink> (mentioning that the name change had been in the works for years especially since the QMJHL has three teams based in New Brunswick, two in Nova Scotia, and one in Prince Edward Island).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Liz Mullen, <emph>The Making of a Union</emph>, Sports Bus. J. (Jan. 23, 2017), https://<ulink href="http://www.sportsbusinessdaily.com/Journal/Issues/2017/01/23/Labor‐and‐Agents/NHLPA.aspx">www.sportsbusinessdaily.com/Journal/Issues/2017/01/23/Labor‐and‐Agents/NHLPA.aspx</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.; <emph>see also</emph> Patrick White, <emph>Alan Eagleson Shut Out by Summit Series Players</emph>, Globe & Mail (May 8, 2018), https://<ulink href="http://www.theglobeandmail.com/sports/hockey/alan‐eagleson‐shut‐out‐by‐summit‐series‐players/article4514039/">www.theglobeandmail.com/sports/hockey/alan‐eagleson‐shut‐out‐by‐summit‐series‐players/article4514039/</ulink>.</bibtext> </blist> <blist> <bibtext> Mullen, <emph>supra</emph> note 61 ("He also was a director of Hockey Canada; the founding partner in Eagleson Ungerman, a law firm that represented as many as 150 NHL players; and executive director of the NHL Players' Association").</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.; <emph>see also</emph> United States v. Eagleson, 874 F. Supp. 27 (D. Mass. 1994); <emph>see also</emph> Forbes v. Eagleson, 228 F.3d 471 (3d Cir. 2000) (determining that the plaintiffs were barred by the four‐year statute of limitations for civil Racketeering Influenced and Corrupt Organizations Act [RICO] claims).</bibtext> </blist> <blist> <bibtext> Mullen, <emph>supra</emph> note 61 (offering that Eagleson then served a mere six months at the Mimico Correctional Centre in Toronto); <emph>see also</emph> Special to the Nat'l Post, <emph>D'Arcy Jenish: Bringing Down the 'Hockey Czar'</emph>, Nat'l Post (Jan. 4, 2014), https://nationalpost.com/opinion/darcy‐jenish‐bringing‐down‐the‐hockey‐czar.</bibtext> </blist> <blist> <bibtext> Special to the Nat'l Post, <emph>supra</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> David Crary, <emph>Eagleson Resigns from Hockey Fame</emph>, AP News (Mar. 25, 1998), https://apnews.com/article/bd07370b966714ed86b7f0b40c0c3f74.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.; <emph>see also</emph> Jordan I. Kobritz & Jeffrey F. Levine, <emph>Don Fehr Leads the NHLPA: Does the NHL Have Anything to Fear?</emph>, 11 Va. Sports & Ent. L.J. 178, 189 ("Eagleson's failure to advocate for his players and his cushy relationship with the league would eventually lead to his downfall.").</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Adam Epstein, <emph>Incorporating Sport into the Ethics Segment of the Course</emph>, 1 J. Bus. Law & Ethics Pedagogy 36–37 (2018) (referencing prominent and now classic whistleblowers who had an important impact in revealing wrongdoing to include Karen Silkwood (Kerr‐McGee), Jeffrey Wigand (Brown & Williamson), Sherron Watkins (Enron), Cynthia Cooper (WorldCom), Coleen Rowley (Federal Bureau of Investigation), and Harry Markopolos (Bernard Madoff Ponzi scheme)); <emph>see also</emph> Josh Dubow, <emph>Sharks' Evander Kane Suspended 21 Games for Submitting Fake COVID‐19 Vaccination Card</emph>, CBC Sports (Oct. 18, 2021), https://<ulink href="http://www.cbc.ca/sports/hockey/nhl/evander‐kane‐suspended‐21‐games‐1.6215684">www.cbc.ca/sports/hockey/nhl/evander‐kane‐suspended‐21‐games‐1.6215684</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Adam Epstein & Barbara Osborne, <emph>Teaching Ethics with Sports: Recent Developments</emph>, 28 Marq. Sports L. Rev. 301, 328–29 (2018).</bibtext> </blist> <blist> <bibtext> <emph>See, e.g</emph>., Mark Schlabach, <emph>Three Sentenced in Adidas Recruiting Scandal</emph>, ESPN (Mar. 5, 2019), https://<ulink href="http://www.espn.com/mens‐college‐basketball/story/%5f/id/26141993/three‐sentenced‐adidas‐recruiting‐scandal">www.espn.com/mens‐college‐basketball/story/%5f/id/26141993/three‐sentenced‐adidas‐recruiting‐scandal</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Kelly Lawler, <emph>College Admissions Scandal Gets Shlock‐doc Treatment in Netflix's 'Operation Varsity Blues'</emph>, USA Today (Mar. 17, 2021), https://<ulink href="http://www.usatoday.com/story/entertainment/tv/2021/03/17/netflix‐college‐admissions‐scandal‐doc‐varsity‐blues‐review/4716472001/">www.usatoday.com/story/entertainment/tv/2021/03/17/netflix‐college‐admissions‐scandal‐doc‐varsity‐blues‐review/4716472001/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Criminal Code, R.S.C., 1985, c. C‐46 § 430(1) ("Every one commits mischief who willfully (a) destroys or damages property; (b) renders property dangerous, useless, inoperative or ineffective; (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property."); <emph>see also, e.g</emph>., AJ Neuharth‐Keusch, <emph>Raptors Fan Arrested After Making Vulgar Comments About Ayesha Curry on Live TV</emph>, USA Today (June 8, 2019), (uttering "profane phrases" in an interview with a television reporter following Game 2 of the NBA Finals, the spectator was arrested for "mischief‐interfere with lawful operation of property").</bibtext> </blist> <blist> <bibtext> <emph>See</emph> ESPN.com News Serv's, <emph>Charges Dropped for Waffle‐thrower</emph>, ESPN (Jan. 28, 2011), https://<ulink href="http://www.espn.com/nhl/news/story?id=6067252">www.espn.com/nhl/news/story?id=6067252</ulink></bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Canadian Press, <emph>Waffle Tosser Charged, Banned From ACC</emph>, Sportsnet (Dec. 22, 2010), https://<ulink href="http://www.sportsnet.ca/hockey/nhl/waffle‐thrower‐charged/">www.sportsnet.ca/hockey/nhl/waffle‐thrower‐charged/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Dave Chidley, <emph>Tossing Banana at NHL's Wayne Simmonds Nets Man $200 Fine</emph>, Globe & Mail (May 9, 2018), https://<ulink href="http://www.theglobeandmail.com/sports/hockey/tossing‐banana‐at‐nhls‐wayne‐simmonds‐nets‐man‐200‐fine/article4085745/">www.theglobeandmail.com/sports/hockey/tossing‐banana‐at‐nhls‐wayne‐simmonds‐nets‐man‐200‐fine/article4085745/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Eduardo A. Encina, <emph>Fan Who Threw Beer Can at Orioles' Kim Gets Conditional Discharge, Is Banned from Games for a Year</emph>, Balt. Sun (June 30, 2019), https://<ulink href="http://www.baltimoresun.com/sports/orioles/blog/bs‐sp‐orioles‐mainbar‐0629‐story.html">www.baltimoresun.com/sports/orioles/blog/bs‐sp‐orioles‐mainbar‐0629‐story.html</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Canadian Press, <emph>Blue Jays Announce Beer Will Be Served in Cups for Rest of Playoffs</emph>, SportsNet (Oct. 9, 2016), https://<ulink href="http://www.sportsnet.ca/baseball/mlb/blue‐jays‐announce‐beer‐will‐served‐cups‐rest‐playoffs/">www.sportsnet.ca/baseball/mlb/blue‐jays‐announce‐beer‐will‐served‐cups‐rest‐playoffs/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Adam Epstein & Brian Halsey, <emph>Philadelphia and Sports Law</emph>, 19 Atl. L.J. 114, 141–48 (2017).</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 142.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Jane Gross, <emph>Whitfield Charges Will Be Dropped</emph>, N.Y. Times (Aug. 6, 1983), https://<ulink href="http://www.nytimes.com/1983/08/06/sports/winfield‐charges‐will‐be‐dropped.html">www.nytimes.com/1983/08/06/sports/winfield‐charges‐will‐be‐dropped.html</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> David Tucker, <emph>New York Yankees Slugger Dave Winfield Collected Three Hits</emph>..., UPI (Aug. 5, 1983), https://<ulink href="http://www.upi.com/Archives/1983/08/05/New‐York‐Yankees‐slugger‐Dave‐Winfield‐collected‐three‐hits/4020428904000/;">www.upi.com/Archives/1983/08/05/New‐York‐Yankees‐slugger‐Dave‐Winfield‐collected‐three‐hits/4020428904000/;</ulink><emph>see also</emph> Katie Daubs, <emph>The Dave Winfield Seagull Incident vs. Toronto Blue Jays at Exhibition Stadium: 30 Years Later, An Oral History</emph>, Star (Aug. 2, 2013), https://<ulink href="http://www.thestar.com/news/insight/2013/08/02/the%5fdave%5fwinfield%5fseagull%5fincident%5fvs%5ftoronto%5fblue%5fjays%5fat%5fexhibition%5fstadium%5f30%5fyears%5flater%5fan%5foral%5fhistory.html">www.thestar.com/news/insight/2013/08/02/the%5fdave%5fwinfield%5fseagull%5fincident%5fvs%5ftoronto%5fblue%5fjays%5fat%5fexhibition%5fstadium%5f30%5fyears%5flater%5fan%5foral%5fhistory.html</ulink>. Today, the relevant criminal statute most likely corresponds to Criminal Code, R.S.C. 1985, c. C‐46, § 445.1.</bibtext> </blist> <blist> <bibtext> Daubs, <emph>supra</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Douglas Main, <emph>Bird Experts Reflect on Randy Johnson Hitting a Bird with a Pitch</emph>, Newsweek (Mar. 24, 2016), https://<ulink href="http://www.newsweek.com/ornithologists‐react‐time‐randy‐johnson‐hit‐bird‐pitch‐440184">www.newsweek.com/ornithologists‐react‐time‐randy‐johnson‐hit‐bird‐pitch‐440184</ulink>. There is a video of the March 24, 2001, incident online and is available through a basic search on Google or YouTube. I encourage the use of videos to enhance the learning environment in a business law and sports law course. <emph>See</emph> Adam Epstein, <emph>Teaching Torts with Sports</emph>, 28 J. Legal Stud. Educ. 117 (2011). However, I highly recommend that, in this instance, the professor provide fair warning as to what is about to occur before showing this seagull incident as a matter to avoid triggering a student response and to ensure that the classroom is a safe space for learning.</bibtext> </blist> <blist> <bibtext> <emph>See, e.g</emph>., Sam Borden, <emph>Olympics: Canada Docked 6 Points, Coaches Banned Over Spy Scandal</emph>, ESPN (July 27, 2024), https://<ulink href="http://www.espn.com/soccer/story/%5f/id/40655658/olympics‐2024‐fifa‐dock‐canada‐six‐points‐spy‐scandal">www.espn.com/soccer/story/%5f/id/40655658/olympics‐2024‐fifa‐dock‐canada‐six‐points‐spy‐scandal</ulink> (reporting of even further penalties to include suspending Priestman from coaching for one year, the Canadian team penalized six points during the Paris Olympics, and a fine to the Canadian federation of about $226,000); <emph>see also</emph> Canadian Press, <emph>Priestman Out As Canada Soccer Investigation Reveals "Unacceptable Culture"</emph>Sportsnet (Nov. 12, 2024), https://<ulink href="http://www.sportsnet.ca/soccer/article/canada‐soccer‐fires‐priestman‐investigation‐reveals‐unacceptable‐culture/">www.sportsnet.ca/soccer/article/canada‐soccer‐fires‐priestman‐investigation‐reveals‐unacceptable‐culture/</ulink> (reporting that the head coach, assistant coach, and analyst, all serving a one‐year FIFA ban, would not return to Canada Soccer and that the "practice of conducting surreptitious surveillance of opponents" occurred even before the 2024 Paris Olympics.); <emph>see also generally</emph> Adam Epstein, <emph>Go for the Gold by Utilizing the Olympics</emph>, 29 J. Legal Stud. Educ. 313 (2012) ("Topics that can be related to the Olympics include constitutional law, jurisdiction, arbitration, gender and disability discrimination, and intellectual property.").</bibtext> </blist> <blist> <bibtext> Canadian Press, <emph>supra</emph> note 95. Canadian Press, <emph>Luger's Family Gets Olympic Insurance Funds</emph>, CBC (Mar. 14, 2010), https://<ulink href="http://www.cbc.ca/sports/luger‐s‐family‐gets‐olympic‐insurance‐funds‐1.876574">www.cbc.ca/sports/luger‐s‐family‐gets‐olympic‐insurance‐funds‐1.876574</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 314.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Adam Epstein, <emph>The Ambush at Rio</emph>, 16 J. Marshall Rev. of Intell. Prop. Law 350, 372 (2017) (offering, "Controversy surrounding the Olympic Games is so common that it should be expected, including athlete‐activists who have used the Olympic platform to express their political and social views on matters that matter to them."</bibtext> </blist> <blist> <bibtext> S.F. Arts & Athletics, Inc. v. United States Olympic Comm., 483 U.S. 522 (1987).</bibtext> </blist> <blist> <bibtext> Epstein, <emph>supra</emph> note 108, at 357.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 319.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.; <emph>see also</emph> Dusko Doder, <emph>Canada Supports Boycott of Games Held in Moscow</emph>, Wash. Post (Apr. 23, 1980), https://<ulink href="http://www.washingtonpost.com/archive/politics/1980/04/23/canada‐supports‐boycott‐of‐games‐held‐in‐moscow/3c766c00‐9936‐48f6‐821b‐1c3782317d62/">www.washingtonpost.com/archive/politics/1980/04/23/canada‐supports‐boycott‐of‐games‐held‐in‐moscow/3c766c00‐9936‐48f6‐821b‐1c3782317d62/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. (citing DeFrantz v. United States Olympic Comm., 492 F. Supp. 1181 (D.D.C. 1980), <emph>aff'd</emph>, 701 F.2d 221 (D.C. Cir. 1980)).</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 320.</bibtext> </blist> <blist> <bibtext> <emph>See generally</emph> Adam Epstein & Kathryn Kisska‐Schulze, <emph>Northwestern University, the University of Missouri and the "Student‐Athlete": Mobilization Efforts and the Future</emph> 26 J. Legal Aspects of Sport 71, 105 (2016) (concluding, "As a result of recent acts of activism by student‐athletes,...both the NCAA and university athletic programs will be hard‐pressed not to take into consideration the voices of a generation raised on Google, armed with the most powerful operating systems in history, and literally within the grasp of their #hands.").</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> ESPN.com News Serv's, <emph>Thrashers Headed to Winnipeg</emph>, ESPN (June 1, 2011), <ulink href="http://www.espn.com/nhl/news/story?id=6610414">http://www.espn.com/nhl/news/story?id=6610414</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph>, <emph>e.g</emph>., Mark Parsons, <emph>The 1979 NHL "Expansion" Draft</emph>, Historical Hockey (Oct. 11, 2013), <ulink href="http://historicalhockey.blogspot.com/2013/10/the‐1979‐nhl‐expansion‐draft.html">http://historicalhockey.blogspot.com/2013/10/the‐1979‐nhl‐expansion‐draft.html</ulink> (offering that in 1971, Winnipeg was granted one of the founding franchises in the World Hockey Association (WHA). By 1979, the majority of the WHA's teams had folded and the Jets merged into the NHL with the Quebec Nordiques, Edmonton Oilers, and New England Whalers). Years later, the Coyotes (who filed for bankruptcy) attempted to sell the team to Ontario businessman Jim Balsillie, who wanted to move the team to Hamilton, Ontario, without the NHL's permission. The court ruled that the sale could not proceed without being subject to the NHL's relocation restrictions and other requirements of ownership. <emph>See</emph> Dewey Ranch Hockey, LLC, 406 B.R. 30 (Bankr. D. Ariz. 2009) (Dewey Ranch I); In re Dewey Ranch Hockey, LLC, 414 B.R. 577 (Bankr. D. Ariz. 2009) (Dewey Ranch II).</bibtext> </blist> <blist> <bibtext> ESPN.com News Services, <emph>supra</emph> note 117.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Ron Juckett, <emph>Washington Nationals: Birth of a Franchise</emph>, Fox Sports (June 30, 2017), https://<ulink href="http://www.foxsports.com/mlb/story/washington‐nationals‐birth‐of‐a‐franchise‐012517">www.foxsports.com/mlb/story/washington‐nationals‐birth‐of‐a‐franchise‐012517</ulink>.</bibtext> </blist> <blist> <bibtext> Indianapolis Colts, Inc. v. Metro. Balt. Football Club, L.P 34 F.3d 410 (7th Cir. 1994).</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. at 411.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> For another trademark case, <emph>see</emph> Nat'l Hockey League v. Pepsi‐Cola Canada Ltd., 42 C.P.R.3d 390 (B.C. 1992) (holding by the Supreme Court of British Columbia that Pepsi‐Cola Canada had used sufficient disclaimers in its promotional announcements and commercial advertising to make consumers aware that it was not officially associated with the NHL in 1990 when it conducted a contest called the "Diet Pepsi $4,000,000 Pro Hockey Playoff Pool.").</bibtext> </blist> <blist> <bibtext> Indianapolis Colts, Inc., <emph>supra</emph> note 121, at 416.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Ryan Baillargeon, <emph>After 20 years, Stallions Finally Celebrate Grey Cup Win</emph>, Balt. Sun (July 26, 2015), https://<ulink href="http://www.baltimoresun.com/sports/bs‐sp‐baltimore‐stallions‐reunion‐0727‐20150726‐story.html">www.baltimoresun.com/sports/bs‐sp‐baltimore‐stallions‐reunion‐0727‐20150726‐story.html</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Erik Malinowski, <emph>Wild Stallions: How a Team From Baltimore Rocked Canadian Football</emph>, Rolling Stone (Nov. 18, 2015), https://<ulink href="http://www.rollingstone.com/culture/culture‐sports/wild‐stallions‐how‐a‐team‐from‐baltimore‐rocked‐canadian‐football‐42712/">www.rollingstone.com/culture/culture‐sports/wild‐stallions‐how‐a‐team‐from‐baltimore‐rocked‐canadian‐football‐42712/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See generally</emph> Adam Epstein, <emph>Bankruptcy and Sport Management</emph>, 5 Int'l J. of Sport Mgmt. 316–34 (2004).</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.; <emph>see also</emph>Epstein, <emph>supra</emph> note 9, at 104; <emph>see also generally</emph> Arun Srinivasan, <emph>Canada Soccer May Need to Explore Bankruptcy as Financial Struggles Mount</emph>, Yahoo! Sports (June 26, 2023), https://sports.yahoo.com/canada‐soccer‐may‐need‐to‐explore‐bankruptcy‐as‐financial‐struggles‐mount‐024212278.html.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Jeff Z. Klein, <emph>N.H.L. Replacement Players Would Be Illegal in Two Provinces</emph>, N.Y. Times (Oct. 7, 2012), https://slapshot.blogs.nytimes.com/2012/10/07/n‐h‐l‐replacement‐players‐illegal‐in‐two‐provinces/. ("A similar law was passed in Ontario in 1993, but it was repealed two years later, leaving Quebec and British Columbia the only provinces today to forbid the hiring of replacements."); <emph>see also</emph> Kevin Seifert, <emph>CFL Cancels 2020 Season, Citing Financial Losses</emph>, ESPN (Aug. 17, 2020), https://<ulink href="http://www.espn.com/nfl/story/%5f/id/29680815/cfl‐cancels‐2020‐season‐citing‐financial‐losses">www.espn.com/nfl/story/%5f/id/29680815/cfl‐cancels‐2020‐season‐citing‐financial‐losses</ulink> (offering that the COVID‐19 pandemic along with governmental regulations affecting ticket sales, the failure to secure a loan from the government, coupled with impediments to U.S. players traveling to and from Canada would cause the league to suffer "significant financial losses.").</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Douglas Gelevan, <emph>QMJHL Commissioner Says Paying Junior Hockey Players Would Be Mistake</emph>, CBC (Jan. 12, 2019), https://<ulink href="http://www.cbc.ca/news/canada/montreal/qmjhl‐commissioner‐wage‐players‐1.4975973">www.cbc.ca/news/canada/montreal/qmjhl‐commissioner‐wage‐players‐1.4975973</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> John Harrington & Grant Suneson, <emph>From Oakland to New York, These Are the Cities that Have Lost the Most Pro Sports Teams</emph>, USA Today (Mar. 15, 2020), https://<ulink href="http://www.usatoday.com/story/money/2020/03/15/cities‐that‐have‐lost‐the‐most‐teams/111392052/;">www.usatoday.com/story/money/2020/03/15/cities‐that‐have‐lost‐the‐most‐teams/111392052/;</ulink><emph>see also</emph> Jeff Kerr, <emph>Las Vegas Raiders Latest NFL Franchise to Change Cities: Here's a Look at All 11 Who've Done It</emph>, CBS Sports (Feb. 4, 2020), https://<ulink href="http://www.cbssports.com/nfl/news/las‐vegas‐raiders‐latest‐nfl‐franchise‐to‐change‐cities‐heres‐a‐look‐at‐all‐11‐whove‐done‐it/">www.cbssports.com/nfl/news/las‐vegas‐raiders‐latest‐nfl‐franchise‐to‐change‐cities‐heres‐a‐look‐at‐all‐11‐whove‐done‐it/</ulink>.</bibtext> </blist> <blist> <bibtext> The ambitious professor might consider the plight of the Phoenix (subsequently "Arizona") Coyotes which filed for bankruptcy protection in 2009 and was part of a bid to move to Hamilton, Ontario, by Jim Balsillie (co‐CEO of Research in Motion (the developers of the BlackBerry), until things got messy. <emph>See</emph> Ryan Gauthier, <emph>Case Comment: In re Dewey Ranch Hockey</emph>, 1 Harv. J. of Sports & Ent. Law 181, 195 (2010) (offering, "The court ultimately found that allowing purchase and relocation of the Coyotes to Hamilton would not sufficiently protect the NHL's interests."). The Arizona Coyotes moved to Utah in 2024. <emph>See</emph> John Marshall, <emph>Coyotes Officially Leaving Arizona for Salt Lake City Following Approval of Sale to Utah Jazz Owners</emph>, AP News (Apr. 18, 2024), https://apnews.com/article/arizona‐coyotes‐salt‐lake‐city‐relocation‐f847c9206632db191463128b01347857.</bibtext> </blist> <blist> <bibtext> L.A. Mem. Coliseum Comm'n v. Nat'l Football League, 726 F.2d 1381 (9th Cir. 1984); <emph>see also generally</emph> Christopher David Ruiz Cameron, <emph>The More Things Stay the Same, the More They Change: The Influence of Judge Harry Pregerson on Franchise Movement Policy in Professional Sports Teams</emph>, 61 Santa Clara L. Rev. 283 (2020).</bibtext> </blist> <blist> <bibtext> Bouchat v. Baltimore Ravens, Inc., 228 F.3d 489, 56 USPQ2d 1422 (4th Cir. 2000), cert. denied (U.S. May 21, 2001) (No. 00‐1494); <emph>see also</emph> Adam Epstein, <emph>Maryland Sports Law</emph>, 15 Univ. Denver Sports & Ent. L.J. 49, 59–62 (2013).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Helene Elliott, <emph>Senators File for Bankruptcy</emph>, L.A. Times (Jan. 10, 2003), https://<ulink href="http://www.latimes.com/archives/la‐xpm‐2003‐jan‐10‐sp‐ottawa10‐story.html">www.latimes.com/archives/la‐xpm‐2003‐jan‐10‐sp‐ottawa10‐story.html</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Murray Chass, <emph>Baseball's Transfer of Power</emph>, N.Y. Times (Dec. 23, 2000), https://<ulink href="http://www.nytimes.com/2000/12/23/sports/baseball‐baseball‐s‐transfer‐of‐power.html">www.nytimes.com/2000/12/23/sports/baseball‐baseball‐s‐transfer‐of‐power.html</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Associated Press, <emph>Judge Tosses Out Lawsuit Against Bertuzzi for Hit</emph>, Summit Daily (Oct. 13, 2005), https://<ulink href="http://www.summitdaily.com/news/sports/judge‐tosses‐out‐lawsuit‐against‐bertuzzi‐for‐hit/;">www.summitdaily.com/news/sports/judge‐tosses‐out‐lawsuit‐against‐bertuzzi‐for‐hit/;</ulink><emph>see also</emph> Patrick K. Thornton, <emph>Rewriting Hockey's Unwritten Rules: Moore v. Bertuzzi</emph>, 61 Me. L. Rev. 205, 208 (2017).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Chris Foster, <emph>Bertuzzi Is Charged with Assault for Hit on Moore</emph>, L.A. Times (June 25, 2004), https://<ulink href="http://www.latimes.com/archives/la‐xpm‐2004‐jun‐25‐sp‐hockey25‐story.html">www.latimes.com/archives/la‐xpm‐2004‐jun‐25‐sp‐hockey25‐story.html</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Scott Burnside, <emph>Bertuzzi's Case Didn't Belong in Court</emph>, ESPN (Dec. 22, 2004), <ulink href="http://www.espn.com/nhl/columns/story?id=1951911">http://www.espn.com/nhl/columns/story?id=1951911</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Moore v. Bertuzzi et al., 2005 Colo. Dist. LEXIS 41, *2 (Order of Case no: 05CV1172). Other named defendants included Brad May, Marc Crawford, Brian Burke, Orca Bay Hockey Ltd. P'ship, and Orca Bay Hockey, Inc., dba The Vancouver Canucks Hockey Club.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. *6–8 (referencing the Colorado Citizens' Access to Colorado Courts Act § 13‐20‐1001, et seq., C.R.S. (2005), in which Colorado courts were to dismiss a case without prejudice if "(a) The claimant or claimants named in the motion are not residents of the state of Colorado; (b) An alternative forum exists; (c) The injury or damage alleged to have been suffered occurred outside of the state of Colorado; (d) A substantial portion of the witnesses and evidence is outside the state of Colorado; and (e) There is a significant possibility that Colorado law will not apply to some or all of the claims. Section 13‐20‐1004(1).").</bibtext> </blist> <blist> <bibtext> CBC Sports, <emph>Bertuzzi Hit with Lawsuit</emph>, CBC (Mar. 7, 2006), https://<ulink href="http://www.cbc.ca/sports/2.722/bertuzzi‐hit‐with‐lawsuit‐1.616494">www.cbc.ca/sports/2.722/bertuzzi‐hit‐with‐lawsuit‐1.616494</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Chris Peters, <emph>Report: Settlement Reached in Steve Moore‐Todd Bertuzzi Case</emph>, CBS Sports (Aug. 19, 2004), https://<ulink href="http://www.cbssports.com/nhl/news/report‐settlement‐reached‐in‐steve‐moore‐todd‐bertuzzi‐case/">www.cbssports.com/nhl/news/report‐settlement‐reached‐in‐steve‐moore‐todd‐bertuzzi‐case/</ulink> (noting that it was ten years after Moore was injured and less than a month before a civil trial. Peters also references a Toronto Star report that provided, "Retribution is a key theme in Moore's suit. During a game before he was attacked by Bertuzzi, Moore delivered a questionable hit on then‐Canucks captain Markus Naslund. Bertuzzi called Moore a punk and said he was pleased the teams still had two games remaining during that season.").</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. (writing, "Had this gone to trial, the entire NHL, its culture, its executives and business practices all could have been on trial. It was something that Moore seemed more than willing to take on after waiting 10 years to see this civil trial happen. The out‐of‐court settlement comes as a bit of a surprise as a result.").</bibtext> </blist> <blist> <bibtext> Associated Press, <emph>McSorley Facing 18 Months in Prison</emph>, ESPN (Oct. 4, 2000), https://<ulink href="http://www.espn.com/nhl/news/2000/0925/777106.html">www.espn.com/nhl/news/2000/0925/777106.html</ulink> (offering that Ciccarelli received one day in jail and a $1,000 fine for hitting Toronto's Luke Richardson with his stick).</bibtext> </blist> <blist> <bibtext> CBC Sports, <emph>McSorley Says Blow to Brashear's Head Unintentional</emph>, CBC (Oct. 6, 2000), https://<ulink href="http://www.cbc.ca/sports/hockey/mcsorley‐says‐blow‐to‐brashear‐s‐head‐unintentional‐1.201337">www.cbc.ca/sports/hockey/mcsorley‐says‐blow‐to‐brashear‐s‐head‐unintentional‐1.201337</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> Associated Press, <emph>Text of NHL Announcement</emph>, ESPN (Feb. 23, 2000), <ulink href="http://www.espn.com/nhl/news/2000/0223/376275.html">http://www.espn.com/nhl/news/2000/0223/376275.html</ulink>.</bibtext> </blist> <blist> <bibtext> Burnside, <emph>supra</emph> note 144; <emph>see also</emph> Associated Press, <emph>McSorley Found Guilty of Assault</emph>, AP News (Oct. 6, 2000), https://apnews.com/9be8d5e820687c581c5502be26d736fe.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Greg Wyshynski, <emph>NHL Linesman Suing Dennis Wideman for $10.25M After On‐ice Assault</emph>, Yahoo Sports (Apr. 20, 2017), https://ca.sports.yahoo.com/news/nhl‐linesman‐suing‐dennis‐wideman‐10‐25m‐ice‐assault‐212640790.html.</bibtext> </blist> <blist> <bibtext> Associated Press, <emph>Don Henderson's Lawsuit Against Dennis Wideman Set Aside to Arbitrator</emph>, NBC Sports (Mar. 2, 2018), https://nhl.nbcsports.com/2018/03/02/don‐hendersons‐lawsuit‐against‐dennis‐wideman‐set‐aside‐to‐arbitrator/.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. ("The lawsuit was set aside by Court of Queen's Bench Justice Willie DeWit, a former Olympic boxer.").</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Joe McDonald, <emph>Arbitrator Cuts Dennis Wideman's Suspension to 10 Games</emph>, ESPN (Mar. 12, 2016), <ulink href="http://www.espn.com/nhl/story/%5f/id/14951130/dennis‐wideman‐calgary‐flames‐20‐game‐suspension‐cut‐10‐games‐arbitrator">http://www.espn.com/nhl/story/%5f/id/14951130/dennis‐wideman‐calgary‐flames‐20‐game‐suspension‐cut‐10‐games‐arbitrator</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. (summarizing the rule); <emph>see also</emph> Canadian Press, <emph>Suspension for Flames' Dennis Wideman Halved to 10 Games</emph>, Globe & Mail (May 16, 2018), https://<ulink href="http://www.theglobeandmail.com/sports/hockey/suspension‐for‐flames‐dennis‐wideman‐halved‐to‐10‐games/article29185955/?service=amp">www.theglobeandmail.com/sports/hockey/suspension‐for‐flames‐dennis‐wideman‐halved‐to‐10‐games/article29185955/?service=amp</ulink> ("Oldham argued that the NHL's interpretation of the rules and their penalties was misguided. Rather than employing rule 40.2, which carries a suspension of no less than 20 games and suggests intent, the arbitrator believed rule 40.3, which carries a suspension of no less than 10 games and lacks intent to injure, should have been applied.").</bibtext> </blist> <blist> <bibtext> McDonald, <emph>supra</emph> note 161 (referencing Oldham's opinion which took into consideration the Wideman's "11 years of discipline‐free performance.").</bibtext> </blist> <blist> <bibtext> Nat'l Hockey League v. Nat'l Hockey League Players' Ass'n, Memorandum and Order, 16 Civ. 4287 (AJN) (on file with the author); <emph>see also</emph> Jonathan Stempel, <emph>U.S. Judge Upholds NHL Defenseman's Shortened Ban, in Defeat for Bettman</emph>, Reuters (Mar. 15, 2017), https://ca.reuters.com/article/sportsNews/idCAKBN16N00B‐OCASP.</bibtext> </blist> <blist> <bibtext> Nat'l Hockey League, <emph>supra</emph>.</bibtext> </blist> <blist> <bibtext> McDonald, <emph>supra</emph> note 161.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Ken Campbell, <emph>It's Time to Put an End to the NHL's Roulette Wheel of Justice</emph>, Hockey News (14 Nov, 2018), https://thehockeynews.com/news/article/its‐time‐to‐put‐an‐end‐to‐the‐nhls‐roulette‐wheel‐of‐justice.</bibtext> </blist> <blist> <bibtext> 14 D.L.R.3d 164 (Ont. Prov. Civ. 1970).</bibtext> </blist> <blist> <bibtext> 14 D.L.R.3d 137 (Ont. Prov. Civ. 1971).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Roger I. Abrams, <emph>A Dubious Anniversary</emph>, Huffpost (May 25, 2011), https://<ulink href="http://www.huffpost.com/entry/a‐dubious‐anniversary%5fb%5f292474">www.huffpost.com/entry/a‐dubious‐anniversary%5fb%5f292474</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> CBC Sports, <emph>Bruins' Marty McSorley Charged with Assault</emph>, CBC (Mar. 8, 2000), https://<ulink href="http://www.cbc.ca/sports/bruins‐marty‐mcsorley‐charged‐with‐assault‐1.200872">www.cbc.ca/sports/bruins‐marty‐mcsorley‐charged‐with‐assault‐1.200872</ulink>.</bibtext> </blist> <blist> <bibtext> Abrams, <emph>supra</emph> note 170 ("The court excused Maki's vicious attack as having been in self‐defense and Green's as being the kind of assault hockey players consent to." Abrams also provides that Ted Green miraculously returned to play for the Bruins wearing a full black helmet a few months after his acquittal, whereas Wayne Maki, claimed by Vancouver in the 1970 NHL expansion draft, only played for two more seasons and died at the very young age of twenty‐nine having succumbed to brain cancer).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Jeff MacGregor, <emph>Less Than Murder, When Jesse Boulerice Laid Out Andrew Long with a Vicious High Stick, Was It Just Hockey, or Something Much Worse</emph>, Sports Illustrated (Mar. 22, 1999), https://<ulink href="http://www.si.com/vault/1999/03/22/257802/less‐than‐murder‐when‐jesse‐boulerice‐laid‐out‐andrew‐long‐with‐a‐vicious‐high‐stick‐was‐it‐just‐hockey‐or‐something‐much‐worse">www.si.com/vault/1999/03/22/257802/less‐than‐murder‐when‐jesse‐boulerice‐laid‐out‐andrew‐long‐with‐a‐vicious‐high‐stick‐was‐it‐just‐hockey‐or‐something‐much‐worse</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> Associated Press, <emph>Stick‐Swinging Case Resolved with Plea</emph>, N.Y. Times (Aug. 10, 1999), https://<ulink href="http://www.nytimes.com/1999/08/10/sports/plus‐hockey‐minor‐leagues‐stick‐swinging‐case‐resolved‐with‐plea.html">www.nytimes.com/1999/08/10/sports/plus‐hockey‐minor‐leagues‐stick‐swinging‐case‐resolved‐with‐plea.html</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.; <emph>see also</emph>Epstein, <emph>supra</emph> note 9, at 165–66 (offering that Boulerice found trouble again in 2007 and 2011, having been suspended twenty‐five games in the NHL and then ten games in the AHL, respectively, for on‐ice misconduct, the latter involving shoving a referee).</bibtext> </blist> <blist> <bibtext> Epstein, <emph>supra</emph> note 9, at 116 ("Many states only allow recovery for sports injuries only when the defendant's conduct far exceeds the ordinary rules of the game, sometimes characterized as reckless disregard of the rules of the game.").</bibtext> </blist> <blist> <bibtext> <emph>See generally</emph> Canadian Press, <emph>CFL Players Ratify New CBA, Pre‐season Can Open on Friday</emph>, Sports Net (May 26, 2022), https://<ulink href="http://www.sportsnet.ca/cfl/article/cfl‐players‐ratify‐new‐cba‐pre‐season‐can‐open‐on‐friday/">www.sportsnet.ca/cfl/article/cfl‐players‐ratify‐new‐cba‐pre‐season‐can‐open‐on‐friday/</ulink> (discussing the importance of the ratification of a seven‐year agreement and the ins and outs of the contract which avoided more than a four‐day strike by seven of the CFL's nine teams. This new CBA includes an international perspective to include mandatory minimums on the number of Canadians and nationalized Canadians on teams per game and per season as opposed to Americans and other "global" players).</bibtext> </blist> <blist> <bibtext> For civil claims related to negligence, <emph>see, e.g</emph>., Robitaille v. Vancouver Hockey Club, 3 W.W.R. 481 (Ct. App. B.C. 1981) (upholding of award to professional hockey player for injuries after being told to continue to play as club's management and doctors, who were characterized as employees based upon the amount of control the club had over the doctors, attributed it to mental rather than physical causes, thereby breaching to duty of care to player who subsequently aggravated a spinal cord injury leaving him permanently disabled); <emph>but see</emph> Wilson v. Vancouver Hockey Club (1983), 5 D.L.R. (4th) 282 (holding that the club was not vicariously liable for the actions of a doctor who was characterized as an independent contractor rather than employee).</bibtext> </blist> <blist> <bibtext> <emph>See, e.g</emph>., Nicolas Pollock, <emph>The Tragic Post‐Hockey Life of an NHL "Enforcer"</emph>, Atl. (Apr. 25, 2019), https://<ulink href="http://www.theatlantic.com/health/archive/2019/04/hockey‐cte‐todd‐ewen‐brain‐injury/587818/">www.theatlantic.com/health/archive/2019/04/hockey‐cte‐todd‐ewen‐brain‐injury/587818/</ulink> (offering that there have been differences of opinion as the result of the diagnosis of CTE (or not) by the Canadian Concussion Centre as opposed to other post‐mortem testers).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Marty Klinkenberg, <emph>Eight Seconds: The Life and Death of a Cowboy</emph>, Globe & Mail (Nov. 7, 2017), https://<ulink href="http://www.theglobeandmail.com/sports/ty‐pozzobon‐concussion‐bull‐riding/article36842612/">www.theglobeandmail.com/sports/ty‐pozzobon‐concussion‐bull‐riding/article36842612/</ulink> (discussing the case of Canadian bull rider Ty Pozzobon who killed himself at age 25 and bull riding's first confirmed case of CTE).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Susan Bradley, <emph>High School Rugby Cancelled Across Nova Scotia Due to Safety Concerns</emph>, CBC (May 2, 2019), https://<ulink href="http://www.cbc.ca/news/canada/nova‐scotia/high‐school‐rugby‐reinstated‐1.5122597;_I_see">www.cbc.ca/news/canada/nova‐scotia/high‐school‐rugby‐reinstated‐1.5122597;_I_see</ulink> also_i_ Susan Bradley, <emph>Game On: Nova Scotia Education Minister Orders Rugby Reinstated at High Schools</emph>, CBC (May 3, 2019), https://<ulink href="http://www.cbc.ca/news/canada/nova‐scotia/high‐school‐rugby‐reinstated‐1.5122597">www.cbc.ca/news/canada/nova‐scotia/high‐school‐rugby‐reinstated‐1.5122597</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Nick Bromberg, <emph>Football Canada Approves Ban on Full‐squad Tackle Football for Kids 12 and Under</emph>, Yahoo Sports (Apr. 5, 2019), https://sports.yahoo.com/canada‐football‐approves‐ban‐on‐fullsquad‐tackle‐football‐for‐kids‐12‐and‐under‐130200991.html; <emph>see also</emph> Ken Belson, <emph>More Restrictions Are Placed on Youth Football in Canada</emph>, N.Y. Times (Apr. 4, 2019), https://<ulink href="http://www.nytimes.com/2019/04/04/sports/‐football‐concussions‐canada.html">www.nytimes.com/2019/04/04/sports/‐football‐concussions‐canada.html</ulink> ("The new rule for will prohibit children 12 and under from playing 12‐on‐12 football, the version of the game used in Canadian colleges and in professional leagues. Children from 10 to 12 years old will still be able to play six‐on‐six tackle football and nine‐on‐nine, as well as non‐contact football.").</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Dan Ralph, <emph>Supreme Court Drops Arland Bruce's Concussion Case Against CFL</emph>, CBC (Mar. 15, 2018), https://<ulink href="http://www.cbc.ca/sports/football/cfl/cfl‐concussion‐lawsuit‐supreme‐court‐arland‐bruce‐1.4577461">www.cbc.ca/sports/football/cfl/cfl‐concussion‐lawsuit‐supreme‐court‐arland‐bruce‐1.4577461</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. For further discussion of the role and impact of the arbitrator as a result of a collective bargaining agreement, <emph>see</emph> Dan Ralph, <emph>Arbitrator Supports CFL's Indefinite Suspension of Alouettes' Lemon for Sports Gambling</emph>, CBC (Aug. 28, 2024), https://<ulink href="http://www.cbc.ca/sports/football/cfl/shawn‐lemon‐suspension‐upheld‐arbitrator‐alouettes‐cfl‐1.7306972">www.cbc.ca/sports/football/cfl/shawn‐lemon‐suspension‐upheld‐arbitrator‐alouettes‐cfl‐1.7306972</ulink> (providing sports betting incidents from several professional leagues and discussing the decision by an independent arbitrator to indefinitely suspend a CFL player due to sports gambling and to protect the integrity of the league).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Nicolas Pollock, <emph>Hockey's Next Head‐Injury Reckoning</emph>, Atl. (May 6, 2019), https://<ulink href="http://www.theatlantic.com/health/archive/2019/05/kelli‐ewen‐is‐suing‐the‐nhl‐over‐dismissal‐of‐cte/588643/">www.theatlantic.com/health/archive/2019/05/kelli‐ewen‐is‐suing‐the‐nhl‐over‐dismissal‐of‐cte/588643/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>.; <emph>see also</emph> Mike Bush, <emph>Widow of Former Blue Wants NHL to Admit Hockey Can Cause Brain Injuries</emph>, KSDK (Feb. 6, 2019), https://<ulink href="http://www.ksdk.com/article/news/health/widow‐of‐former‐blue‐wants‐nhl‐to‐admit‐hockey‐can‐cause‐brain‐injuries/63‐73f62137‐20ac‐41fd‐8f80‐f42cf9f4845e">www.ksdk.com/article/news/health/widow‐of‐former‐blue‐wants‐nhl‐to‐admit‐hockey‐can‐cause‐brain‐injuries/63‐73f62137‐20ac‐41fd‐8f80‐f42cf9f4845e</ulink> (offering that doctors in Toronto concluded he did not have CTE, but Kelli had the brain tissue re‐tested by Boston University and double‐checked by persons at the Mayo Clinic who confirmed it was, in fact, CTE).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Megan Turcato, <emph>Kelowna Rockets Defend Safety Practices, Decline to Comment on Proposed Head Trauma Lawsuit</emph>, Global News (Jan. 14, 2019), https://globalnews.ca/news/4846755/kelowna‐rockets‐head‐trauma‐lawsuit‐decline‐comment/.</bibtext> </blist> <blist> <bibtext> <emph>Id</emph>. A copy of the lawsuit is <emph>available at</emph>https://<ulink href="http://www.courthousenews.com/wp‐content/uploads/2019/01/Hockey.pdf">www.courthousenews.com/wp‐content/uploads/2019/01/Hockey.pdf</ulink> (last visited Mar. 24, 2025); <emph>see also</emph> Anirudh Mandagere, <emph>Canada: Sports Law Update: McEwan V Canadian Hockey League 2022 BCSC 1104</emph>, Mondaq (Sept. 27, 2022), https://<ulink href="http://www.mondaq.com/canada/sport/1234038/sports‐law‐update‐mcewan‐v‐canadian‐hockey‐league‐2022‐bcsc‐1104">www.mondaq.com/canada/sport/1234038/sports‐law‐update‐mcewan‐v‐canadian‐hockey‐league‐2022‐bcsc‐1104</ulink> (discussing the case and offering that McEwan alleged that the CHL "...perpetuated an environment which 'permitted, condoned and encouraged...fighting and violence in the game among the underage players that they are obliged to protect.'" More specifically, Mandagere discusses the ruling by the Supreme Court of British Columbia that dismissed the defendants' objections to the admissibility of an expert report—Dr. Arthur Banning, a professor at Clemson University—because his expertise related to recreation management. Mandagere states, "The Defendant alleged that Dr. Banning was not a properly qualified expert because his expertise related to recreation management. Further, they averred that he lacked qualifications and specific publications in best practice and professional standards for injury prevention." Unfortunately for the defendants, their argument failed to persuade the court.).</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Ken Dryden, <emph>When it Comes to Concussions, Bettman Fighting the Wrong Fight</emph>, Toronto Sun (May 27, 2019), https://torontosun.com/sports/hockey/nhl/dryden‐when‐it‐comes‐to‐concussions‐bettman‐fighting‐the‐wrong‐fight.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Michael McCann, <emph>The Wins and Losses of the NHL's Tentative Concussion Lawsuit Settlement</emph>, Sports Illustrated (Nov. 12, 2018), https://<ulink href="http://www.si.com/nhl/2018/11/12/nhl‐concussion‐lawsuit‐settlement‐wins‐losses‐former‐players;">www.si.com/nhl/2018/11/12/nhl‐concussion‐lawsuit‐settlement‐wins‐losses‐former‐players;</ulink><emph>see also</emph> Daniel Kaplan, <emph>NHL paid $70.6 Million in Legal Fees for Concussion Settlement That Paid Players $18.49 Million</emph>, Athletic (Apr. 29, 2021), https://theathletic.com/2549607/2021/04/29/nhl‐paid‐70‐6‐million‐in‐legal‐fees‐for‐concussion‐settlement‐that‐paid‐players‐18‐49‐million/.</bibtext> </blist> <blist> <bibtext> 16 R.I. Gen. Laws § 91‐1 et seq. (2019) (enacted in 2010, amended in 2014).</bibtext> </blist> <blist> <bibtext> 16 R.I. Gen. Laws § 91‐3 (2019).</bibtext> </blist> <blist> <bibtext> 16 R.I. Gen. Laws § 91‐2 (2019) ("For the purpose of this section, the term 'youth sports programs' means any program organized for recreational and/or athletic competition purposes by any school district or by any school participating in Rhode Island Interscholastic League Competition, and whose participants are nineteen (19) years of age or younger."). <emph>Compare with</emph> 16 R.I. Gen. Laws § 91‐4 (2019) ("All other youth sports programs not specifically addressed by this statute are encouraged to follow the guidance set forth in this statute for all program participants who are age nineteen (19) and younger.").</bibtext> </blist> <blist> <bibtext> <emph>Id</emph> ("(b) All coaches and volunteers involved in a youth sport or activity covered by this chapter must complete a training course and a refresher course annually thereafter in concussions and traumatic brain injuries. All school nurses must complete a training course and an annual refresher course in concussions and traumatic brain injuries. Teachers and teachers' aides are strongly encouraged to complete the training course in concussions and traumatic brain injuries. Training may consist of videos, classes, and any other generally accepted mode and medium of providing information.").</bibtext> </blist> <blist> <bibtext> <emph>See, e.g</emph>., Canadian Press, <emph>COC Pulls Accreditation from De Grasse's Coach Reider</emph>, TSN (Aug. 6, 2024), https://<ulink href="http://www.tsn.ca/olympics/canadian‐olympic‐committe‐pulls‐accreditation‐from‐de‐grasse‐s‐coach‐1.2158551">www.tsn.ca/olympics/canadian‐olympic‐committe‐pulls‐accreditation‐from‐de‐grasse‐s‐coach‐1.2158551</ulink> (offering that the Canadian Olympic Committee revoked the accreditation from Reider during the 2024 Olympics, citing "new information" that came to light); <emph>see also</emph> Lori Ewing, <emph>Gymnastics Canada, Provincial Bodies Face Class‐action Lawsuit over Alleged Abuse</emph>, CBC (May 11, 2022), https://<ulink href="http://www.cbc.ca/sports/olympics/summer/gymnastics/gymnastics‐canada‐provincial‐bodies‐lawsuit‐1.6449428;">www.cbc.ca/sports/olympics/summer/gymnastics/gymnastics‐canada‐provincial‐bodies‐lawsuit‐1.6449428;</ulink><emph>see also</emph> Thomas Hall, <emph>Canadian Government Freezing Hockey Canada's Funding Amid Assault Allegations</emph>, Yahoo! Sports (June 22, 2022), https://sports.yahoo.com/canadian‐government‐freezing‐hockey‐canada‐funding‐amid‐assault‐allegations‐202749680.html (authoring that the freeze would continue "until it better equips itself to handle, investigate, and issue sanctions surrounding sexual assault and abuse allegations" and that Hockey Canada must sign up with the Office of the Sport Integrity Commissioner which started accepting abuse complaints involving national Canadian sports teams); <emph>see also</emph> Rick Westhead, <emph>Judge Orders Law Firm to Hand Over Records, Evidence on Alleged Hockey Canada Assault</emph>, TSN (Dec. 19, 2022), https://<ulink href="http://www.tsn.ca/judge‐orders‐law‐firm‐to‐hand‐over‐records‐evidence‐on‐alleged‐hockey‐canada‐assault‐1.1895563;">www.tsn.ca/judge‐orders‐law‐firm‐to‐hand‐over‐records‐evidence‐on‐alleged‐hockey‐canada‐assault‐1.1895563;</ulink><emph>see also</emph> Steve Ewen, <emph>SFU Hires Lawyer to Look into Alleged "Bullying and Harassment" Issues with Women's Soccer Program</emph>, Province (May 6, 2023), https://theprovince.com/sports/university/sfu‐hires‐lawyer‐bullying‐harassment‐womens‐soccer‐program; <emph>see also</emph> Rick Westhead, <emph>Veteran Canadian Gymnastics Coach Handed Lifetime Ban From Working with Athletes</emph>, TSN (Nov. 20, 2023), https://<ulink href="http://www.tsn.ca/veteran‐canadian‐gymnastics‐coach‐handed‐lifetime‐ban‐from‐working‐with‐athletes‐1.2038313">www.tsn.ca/veteran‐canadian‐gymnastics‐coach‐handed‐lifetime‐ban‐from‐working‐with‐athletes‐1.2038313</ulink> (offering that a Gymnastics Canada discipline panel permanently banned a Canadian coach).</bibtext> </blist> <blist> <bibtext> Signed into law on February 14, 2018, it is formally known as the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, 36 U.S.C. § 220503 (15) (hereinafter the "Safe Sport Act" or "the Act"), amended and was added to the purposes under the current Ted Stevens Olympic and Amateur Sports Act [TSOASA] of 1998 (originally enacted in 1978 as the "Amateur Sports Act"), 36 U.S.C. § 220501 et seq., "to promote a safe environment in sports that is free from abuse, including emotional, physical, and sexual abuse, of any amateur athlete." The TSOASA now provides that Safe Sport "shall ... exercise jurisdiction over" the USOC and NGBs "with regard to safeguarding amateur athletes against abuse, including physical, emotional, and sexual abuse, in sports."</bibtext> </blist> <blist> <bibtext> 36 U.S.C. §§ 220541 et seq. (Designation of United States Center for Safe Sport). Note that under the Act, it is referred to as "Safe Sport," but it is often referred to as one word, "SafeSport"; <emph>see also</emph>, Grace Madigan, <emph>Part of the Pipeline: Allegations of Abusive Culture at Youth Soccer Club Mirror Problems at Pro Level</emph>, KNKX Pub. Radio (July 10, 2023), https://<ulink href="http://www.knkx.org/sports/2023‐07‐10/allegations‐culture‐sexism‐racism‐abuse‐crossfire‐premier‐soccer‐redmond">www.knkx.org/sports/2023‐07‐10/allegations‐culture‐sexism‐racism‐abuse‐crossfire‐premier‐soccer‐redmond</ulink> (discussing allegations of misconduct—both sexual and racial in nature—in the National Women's Soccer League (NWSL), and detailing systemic abuse by coaches and staff with roots in youth sport).</bibtext> </blist> <blist> <bibtext> <emph>See, e.g</emph>., Eric Levenson, <emph>Larry Nassar Apologizes, Gets 40 to 125 Years for Decades of Sexual Abuse</emph>, CNN (Feb. 5, 2018), https://<ulink href="http://www.cnn.com/2018/02/05/us/larry‐nassar‐sentence‐eaton/index.html;">www.cnn.com/2018/02/05/us/larry‐nassar‐sentence‐eaton/index.html;</ulink><emph>see also</emph> Tracy Connor & Sarah Fitzpatrick, <emph>Gymnastics Scandal: 8 times Larry Nassar Could Have Been Stopped</emph>, NBC News (Jan. 25, 2018); <emph>see also</emph> Pierre Meilhan & David Close, <emph>USOC, USA Gymnastics Officials Enabled Nassar's Abuse of Athletes, Investigation Reveals</emph>, CNN (Dec. 10, 2018), https://<ulink href="http://www.cnn.com/2018/12/10/us/us‐olympic‐committee‐report‐findings‐firing/index.html">www.cnn.com/2018/12/10/us/us‐olympic‐committee‐report‐findings‐firing/index.html</ulink> (providing a link to the 233‐page Ropes & Gray report drawing upon more than 100 witness interviews during a 10‐month investigation).</bibtext> </blist> <blist> <bibtext> <emph>See, e.g</emph>., John Kruzel, <emph>US Supreme Court Rebuffs Ohio State University Bid to Thwart Sex Abuse Suits</emph>, Reuters (June 26, 2023), https://<ulink href="http://www.reuters.com/legal/us‐supreme‐court‐rebuffs‐ohio‐state‐university‐bid‐thwart‐sex‐abuse‐suits‐2023‐06‐26/;">www.reuters.com/legal/us‐supreme‐court‐rebuffs‐ohio‐state‐university‐bid‐thwart‐sex‐abuse‐suits‐2023‐06‐26/;</ulink><emph>see also</emph> Epstein & Osborne, <emph>supra</emph> note 70, at 321–25 (discussing the Penn State University Jerry Sandusky case, among others); <emph>see also</emph> Jennifer Smola, <emph>A Look at Ohio State University Athletic Doctor Richard Strauss' Career, Abuse and Death</emph>, Columbus Dispatch (Mar. 10, 2021), https://<ulink href="http://www.dispatch.com/story/news/education/2021/03/10/osu‐sex‐abuse‐scandal‐richard‐strauss‐career‐abuse‐death/6947149002/;">www.dispatch.com/story/news/education/2021/03/10/osu‐sex‐abuse‐scandal‐richard‐strauss‐career‐abuse‐death/6947149002/;</ulink><emph>see also</emph> Kim Kozlowski, <emph>How UM failed for Decades to Heed Warnings About Doctor's Alleged Sex Abuse</emph>, Detroit News (Oct. 22, 2020), https://<ulink href="http://www.detroitnews.com/in‐depth/news/local/michigan/2020/10/21/how‐university‐michigan‐failed‐doctor‐robert‐anderson‐alleged‐sex‐abuse/4894925002/">www.detroitnews.com/in‐depth/news/local/michigan/2020/10/21/how‐university‐michigan‐failed‐doctor‐robert‐anderson‐alleged‐sex‐abuse/4894925002/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Scott M. Reid, <emph>Why Aren't College Coaches Subject to SafeSport Bans for Sexual Misconduct?</emph>, OC Register (Jan. 22, 2020), https://<ulink href="http://www.ocregister.com/2020/01/22/why‐arent‐college‐coaches‐subject‐to‐safesport‐bans‐for‐sexual‐misconduct/">www.ocregister.com/2020/01/22/why‐arent‐college‐coaches‐subject‐to‐safesport‐bans‐for‐sexual‐misconduct/</ulink>.</bibtext> </blist> <blist> <bibtext> <emph>See</emph> Tim Evans, <emph>Two Former Olympic Gymnastics Coaches with Ties to Larry Nassar Have Now Died by Suicide</emph>, IndyStar (Feb. 25, 2021), https://<ulink href="http://www.indystar.com/story/news/investigations/2021/02/25/john‐geddert‐suicide‐larry‐nassar‐olympics‐gymnastics‐marvin‐sharp/6824100002/">www.indystar.com/story/news/investigations/2021/02/25/john‐geddert‐suicide‐larry‐nassar‐olympics‐gymnastics‐marvin‐sharp/6824100002/</ulink> (noting that John Geddert, a former coach for USA Gymnastics, became the second former Olympic coach to commit suicide after being accused of abuse, the other being Marvin Sharp who died while in jail in 2015).</bibtext> </blist> </ref> <aug> <p>By Adam Epstein</p> <p>Reported by Author</p> </aug>
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  Data: This article provides a teaching guide on how to use Canadian sport-related issues to teach business or sports law concepts in university or college business law classes. Special pedagogical perspectives for the U.S. professor are provided throughout the article at relevant points. In sum, Canada is rich with material for a professor looking for an additional, neighboring perspective. It provides a wide domain of opportunities from the land where pines and maples grow and can add considerable value to the U.S. business law professor to enhance the overall educational experience.
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