The Canadian Anti-Doping Program and the Charter of Rights and Freedoms

Abstract

This thesis examines the relationship between the Canadian Anti-Doping Program (CADP) and the Charter of Rights and Freedoms. First, the CADP is explored in depth, including the origins of anti-doping in Canada generally, how Canada's anti-doping regime aligns with international anti-doping regimes, and how the CADP functions in practice. Next, whether or not the Charter applies to the CADP is analyzed, looking at whether the administrator of the CADP, the Canadian Centre for Ethics in Sports (CCES), meets the criteria of a "government actor," as well as determining if the CADP itself would be considered a government action and thus attract Charter scrutiny. Finally, the elements of the CADP that potentially engage Charter rights are surveyed. This includes a discussion of which rights are at stake and whether or not any potential infringements of Charter rights can be demonstrably justified under s 1 of the Charter.