The CSA President has sent a Notice of Disciplinary Hearing to Shauna Aab, Danny
Bowie, Les Hodges and Mike Troke.
You are hereby charged
under The Canadian Soccer Association (CSA) Rules,
Regulations and Administrative Guide (2008) Section 1, Regulation
11c)i)a) and
Regulation 11c)i)d), whereby it is alleged that:
- You (along with others)
initiated litigation (personally as well as purportedly on
behalf of the ASA) with respect to the governance of the ASA by serving
a
statement of claim on ASA Directors and, as such, violated the ASA and
CSA
By-Laws;
- Your failure to respect the CSA and ASA by-laws, and your ongoing
conduct in
initiating and continuing litigation with respect to the governance of
the ASA,
bring the game into disrepute.
Presumably, in reference to the first bullet point, the CSA is
referring to:
Section 15.1 f) of the CSA
Bylaws
to adopt a statutory clause
specifying that any dispute
requiring arbitration involving
itself or one of its
members and relating to the By-laws, regulations, directives and
decisions of FIFA,
CONCACAF, The CSA or the Leagues shall come solely under the
jurisdiction of the
appropriate Arbitration Tribunal of FIFA, CONCACAF, The CSA, or
Association Members and
that any recourse to Ordinary Courts is prohibited;
*bolding added
and
Article 32 of the ASA
Bylaws
A member’s affiliates,
registrants, leagues, clubs, players, referees or officials shall not
refer
disputes with the Association or any other soccer association to a
court of law but shall be required to
submit any disagreements to the jurisdiction of the Association.
Some observations:
The CSA rule refers to "..dispute requiring arbitration..' What is a
dispute requiring arbitration? No Arbitration tribunal/committee is
described in the CSA bylaws. Most people assume that the
Arbitration Tribunal for the CSA is the Sports Dispute Resolution
Centre of Canada. However, in a recent decision of Patrice M Brunet
(Jurisdictional Arbritrator) of the SDRCC (see SDRCC
10-0124) it is stated that:
WHEREAS Section 3.1.1. of the
financing agreement Appendix binding the Government of Canada and the
CSA clearly limits the competence of the SDRCC to national‐level
athletes
With no insult intended, I assume that Shauna Aab, Danny Bowie, Les
Hodges and Mike Troke are not, or at least are no longer,
national-level athletes on the radar of the Mens or Womens programs.
Secondly, the Notice of Disciplinary Hearing is signed by the CSA
President. However, the CSA Bylaws do not give the President the power
to ensure that bylaws are applied; rather as per Section 38.1
l) that power is invested in the CSA Board of Directors. Section 28
describes the powers of the President as follows (bolding is mine):
28. PRESIDENT
28.1 The President represents
The CSA legally.
28.2 The President is primarily
responsible for:
a) Ensuring the implementation of decisions by
the Board of Directors and the Executive Committee through the General
Secretary;
b) Relations between The CSA and
Associations, Members, political bodies,Confederations and FIFA;
c) The President shall be an
ex-officio member of all Committees.
28.3 The President shall preside
over the Board, the Executive Committee and the other Committees of which the
President has been appointed Chair.
28.4 If the President is absent
or unavailable, one of the Vice Presidents will be nominated by the Board to serve in the
President’s place.
28.5 In the event that the
President becomes indefinitely incapacitated and is unable to chair meetings of The CSA, then the
Board of Directors, shall by secret ballot select one of theVice Presidents as the Chair and
to act in the capacity as Chair until the next Annual General Meeting.
Have the Disciplinary Hearings been called by the CSA Board of
Directors or the President?
Added - 2010.10.20
- Email to Districts from ASA Caretakers
Added - 2010.10.20
- CSA Notice of Disciplinary Hearing to Shauna Aab, Danny Bowie, Les
Hodges and Mike Troke.
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