Swimming Canada Reacts to Cecil Russell’s Lifetime Ban

OTTAWA, Ontario, June 7. SWIMMING Canada, the national governing body for Canadian Swimming, was informed today that the Ontario Superior Court of Justice has set aside Cecil Russell's reinstatement into the Canadian sport system. The decision to set aside Russell's 2005 reinstatement effectively means that his lifetime suspension from participating in sport is back in effect.

The Court decided in favor of the Application brought by CCES, Coaches of Canada and Swimming Canada and set aside Arbitrator Mew's reinstatement decision on the basis of fraud pursuant to s. 46.(1).9 of the Arbitrations Act of Ontario. The matter is referred back to Arbitrator Mew for reconsideration based on the additional evidence.

As per the 1993 Canadian Policy on Penalties for Doping in Sport, Russell, while under a lifetime suspension, cannot play any role inside any organization that falls under the governing structure of Swimming Canada. The relevant section of the policy is as follows:

"All persons sanctioned by virtue of this policy will be ineligible to participate in any role and in any competition or activity organized, convened, held or sanctioned by a Canadian NSGB, PSGB, or affiliate for the duration of the period of ineligibility. Penalties in any sport, role or level shall be respected by the authorities at all other levels of the same sport and in all other sports subject to this policy."

"Following this decision, Swimming Canada will continue to collectively work with the Canadian Swimming Coaches and Teachers Association (CSTCA) and Coaches of Canada and CCES to help streamline and protect our community against unethical behavior though the development of a comprehensive code of conduct." stated Pierre Lafontaine, CEO and National Coach for Swimming Canada. "Swimming Canada strongly stands by its mission of being a value-based organization. We believe strongly in ethical practices across our entire organization."

In 1996, Russell, was suspended for life under the Government of Canada-mandated Canadian Policy on Penalties for Doping in Sport (1993) and the Standard Operating Procedures (1994). Following a hearing in 2005, Mr. Russell was reinstated by an independent adjudicator operating under the 1994 rules.

The Application which was granted today was requested jointly by Swimming Canada, the Canadian Center for Ethics in Sports and Coaches of Canada in November of 2006 following the publication of new information that directly impacted on evidence that was presented to the independent adjudicator in the 2005 reinstatement proceedings.

Swimming Canada contributed this report.

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