Using Canadian Law to Prevent, Respond to and Remedy Maltreatment in Sport: Listening to and Learning from Athletes

Abstract

This thesis addresses maltreatment of athletes in Canada, in the post-Nassar era, by considering applicable law, policy, academic literature and a qualitative study. Athlete maltreatment may include: psychological, physical and sexual maltreatment, and neglect. Prevalence and impacts of maltreatment are examined. Legal and administrative options available to complainants are discussed, as well as applicable international human rights and child rights conventions, Canadian legislation, legal principles, and jurisprudence. An academic literature review provides maltreatment definitions in order to lay the groundwork for the discussion. Academic perspectives and proposals for redress are considered. A qualitative athlete study produced four key themes which may negatively impact athletes: lack of education on maltreatment, distorted priorities, self-regulation by sport organizations and a discriminatory sport culture. Fortunately, many athletes and academics are united in a mission to promote a new holistic vision that prioritizes the health and wellbeing of athletes rather than athletic victories.