The Mechanics and Finances of EC’s Abuse-Free Sport

On February 1, 2023, Equestrian Canada (EC) officially announced its agreement to join the national Abuse-Free Sport program. Though the initiative represented a significant step in addressing a gravely pressing issue, the path towards reforming Canada’s sport system has not been without its share of hurdles.

Overseen by the freshly-implemented Office of the Sport Integrity Commissioner (OSIC), Abuse-Free Sport was established as part of a nation-wide push to address a crisis of abuse in Canadian athletics. After extensive research and consultation, the program was launched in 2022 as a means of removing the direct handling of reports and investigations from national sport organizations (NSOs) – who had never been provided with any funding to run their programs – and establishing a universal, independent SafeSport mechanism.

The aim of Abuse-Free Sport is to prevent maltreatment at all levels of all sports across Canada through education, training and research to make sure everyone has a safe, positive and enriching experience in their chosen sport. In the equestrian realm, it protects participants from maltreatment including harassment, abuse, discrimination, bullying, and neglect. Through professionalized reporting mechanisms, policy, and educational initiatives, it seeks to foster healthy, supportive sport environments for humans and horses alike.

Jurisdictional Reach

A major criticism of the program has been its jurisdictional limitations. Activists and NSOs alike have expressed concern that resources implemented at the national level won’t trickle down to communities that most need them. In EC’s case, 17.6% of complaints are deemed to be out of jurisdiction – actually reflecting a relatively high acceptance rate.

The definition of ‘jurisdiction’ in this case refers to what is within the scope of the EC Discipline Complaints and Appeals Policy (DCA). The DCA defines participants as anyone who holds or has held an EC Licence including registered coaches, and any individual attending EC-sanctioned events in the capacity of a sport license holder, official, organizer, or volunteer.

Upon receipt and review of the complaint, if the Complaint Manager determines the complaint does not fall within the scope of the EC DCA the complainant will be referred to their Provincial and Territorial Sport Organization (PTSO), which may have a relevant policy under which to respond to the complaint. If the complaint is criminal, it is referred to the relevant authority. If the Complaint Manager determines that the respondent is an OSIC participant (as defined within the agreement between EC and the SDRCC), the complaint will be referred to the OSIC to manage the complaint.

As progress is made at the provincial level, there is hope that safe sport resources will continue to become increasingly equitable and accessible across the system. Although policies still vary between provinces, EC’s Reciprocation Policy requires provincial and territorial sport organizations (PTSOs) to recognize sanctions placed at the national level, and vise versa.

EC has experienced a significant influx of complaints over the past year, with over 100 reports filed – exceeding the combined total of the previous three years.

“If a complaint is not within EC’s jurisdiction, we recommend that a person contact their PSO to see if there is any recourse at that level,” said Rachel Huebert, EC’s Sport Operations Director. “The PSOs handle fewer cases than we do so it seems that people are learning to come to us because we have a visible mechanism.

EC’s Complaint Status

EC has experienced a significant influx of complaints over the past year, with over 100 reports filed – exceeding the combined total of the previous three years. (Abuse-Free Sport/OSIC was contacted to see how this compares to other sports but were not allowed to divulge that information.) At present, there are 41 cases open (not necessarily all from this year) with EC’s independent complaints manager.

EC’s Compainants by Province (which mirrors the makeup of EC Sport License holders).

EC retained the services of WW Dispute Management to act as an Independent Third Party (ITP) complaints manager in 2019. NSOs were required to have an ITP in place before the inception of the OSIC and Abuse Free Sport program. EC first became a signatory of the Abuse Free Sport program January 2023 and since then nine cases have had decisions issued, and 65 have been dismissed, closed, or withdrawn. According to EC’s statistics, the shortest case was open for less than a day and the longest for over 570, with an average span of 145 days.

The majority of that time is out of EC’s control. When a complaint is submitted to EC, the Complaints Manager verifies if the complainant is an EC sport license member, and if they are an OSIC/Abuse Free Sport participant which generally happens within ten days. If the complaint is in EC’s jurisdiction it is passed on to OSIC for follow-up.

“The number one complaint about the process is that it took too long,” said Huebert. Confusion was also common; the involvement of multiple organizations and jurisdictional criteria making it challenging to discern what EC controls versus what third parties manage.

Sport Canada did question why EC had so many complaints, which is attributed to the broad scope of EC’s jurisdiction and that Registered Participants have been well educated about the process.

“Most NSOs aren’t sanctioning competitions all the way down as far as we are,” explained Huebert, citing the diverse range of classes sanctioned by EC from Platinum high performance events to crossrails and walk classes at EC’s bronze level competitions as examples. “They’re all registered directly to us, so we consider them Equestrian Canada level participants.”

EC is also in their third year of mandatory safe sport education and all sport license holders are required to take the training, learn about the policies and pathways to file complaints. In addition, the SafeSport button on the navigation bar of EC’s recently updated website has made the page more visible and accessible.

Although Huebert does not have a great deal of insight into other sports, she wonders whether they, too, are reporting significantly more complaints to Sport Canada. “I think some yes and some no, but it’s hard to know the why. Is it because certain individual sports are doing a better job educating their participants, or is it some other factor? Is it because we have more maltreatment happening and therefore more people are complaining? We can’t measure that on a sport-population level at this point.”

Funding and Finances

When it was first introduced, NSOs received no government support to implement these new policies which have quickly become major financial investments. Over the past six years, EC has spent $820,000 on SafeSport cases.

It is a Sport Canada requirement, however, that all NSOs become program signatories of Abuse Free Sport and all NSOs are required to be signatories to the OSIC. EC received $1.39 million in government funding in fiscal year 2024 which represents about 20% of their annual revenue.

In 2023, EC did receive about $25,000 from Sport Canada for Safety in Sport funding with the stipulation that the funds were not to be used on covering complaint management fees. Instead, the funds were used to become a program signatory to the Office of the Sport Integrity Commissioner and comply with the new safe sport mechanism; update Fostering Healthy Equestrian Environments training and Universal Code of Conduct To Prevent and Address for the Maltreatment in Sport; retain a Racial Equity, Diversity Inclusion and Safe Sport Coordinator; enable access for participants of all levels to an independent safe sport officer; and update Concussion education delivery and training materials. This funding stream is no longer available, and there is no immediate expectation that further safe sport funding will be provided.

While the funding was available, EC allocated a portion to the salary of a dedicated Safe Sport Coordinator – a position that is no longer filled. In addition to their two mandatory safe sport training courses, EC also updated their Horse Welfare Code of Conduct, which is governed under the same Discipline, Complaints, and Appeals Policy as disputes between human parties. Though the updated course emphasizes equine welfare and EC includes horses in safe sport, the federal mechanism does not address horse abuse. Instead, all horse abuse complaints submitted to EC are managed by an Independent Third Party Complaints Manager and are not covered by the government-mandated Safe Sport program for human athletes.

There are no financial costs to file a complaint. Free legal counsel is available through the Sport Dispute Resolution Centre of Canada’s Pro Bono program, which hosts a list of volunteer sport lawyers although people may opt to have a lawyer assist or represent them during a complaint process. There is a cost to file an appeal, as per the EC DCA policy, which can be waived at the discretion of EC. There is also no time limit to file a complaint, regardless of how much time has passed since the incident occurred.

Each accepted complaint costs EC an average of $10,000 to $30,000 to resolve. While there is no mandatory cost for the parties involved, complainants and respondents are responsible for any legal representation or assistance they pursue.

“So that part I don’t like, because it’s unequal access,” Huebert confessed. “You might have a better time with counsel, but people are sometimes spending thousands of dollars.”

If a complaint has been investigated and the complaint is found to be frivolous and/or vexatious, the complainant will be responsible for the entire cost of the investigation.

In the event of case being dismissed or person found not guilty, Huebert advises that individuals are free to file a court action for damages to recover costs, but this would be outside of the scope of Equestrian Canada and their ITP Complaints Manager.

One coach, who prefers to remain anonymous, shared their experience when their case was dismissed and considered suing EC:

“In my case I did contact a litigator about suing EC. She did think that I had a winnable case, but it would cost at least $100,000 and take two years. The problem became that even if I did win, could the association pay all the fees and losses without bankruptcy? It would be great to be awarded a five- or six-figure decision to only never get a dime after spending the money to fight for it. It turned out to be something that was cost-prohibitive. I think it’s a common theme.”

As part of EC’s newly updated DCA policy, if a complaint (including anonymous complainants) has been investigated and the complaint is found to be frivolous and/or vexatious, the complainant will be responsible for the entire cost of the investigation and Complaint Manager fees.

The Complaint Process

Under Abuse-Free Sport’s mandate, EC has retained the services of Sport Dispute Management (SDM); an independent third party (ITP) appointed to facilitate complaints in a professional and procedurally fair manner.

Once a report has been received by SDM, a complaint manager will review jurisdiction and determine whether it warrants a hearing. If needed, investigative reports are also conducted independently of EC. For cases that proceed to a hearing, an impartial adjudicator is appointed. EC’s Discipline, Complaints, and Appeals Policy lists possible sanctions that may be applied alone or in combination, including:

A verbal or written reprimand
A verbal or written apology
Monetary or other contribution to EC
Removal of some or all privileges
Suspension from some or all of EC’s activities for a designated period
Suspension of funding from EC or other sources
Expulsion from EC
Any other sanction considered appropriate for the offense

All applicable complaints are managed through SDM, or, in cases falling under the jurisdiction of Abuse-Free Sport, by OSIC. That cohort is slated to expand, but presently includes the National Team Program along with EC board members, staff, and operational committee members.

Available Resources

For those wishing to file a complaint, EC provides resources and information on their Safe Sport page, including SDM’s contact details and online complaint form.

Support and referral assistance is also offered through the Abuse-Free Sport Helpline, which can be reached via phone or text at 1-888-837-7678, or by email at info@abuse-free-sport.ca. The free, anonymous, and confidential service is available in both official languages.

More changes are on the horizon for Abuse-Free Sport, which will be renamed the Canadian Safe Sport Program (CSSP) following the absorption of OSIC by the Canadian Centre for Ethics in Sport, set to occur by April 2025. Input on the first draft of the CSSP rules and feedback on experiences with Abuse-Free Sport are welcomed.

“We all have a role to play in safe sport, and I think that our community is pretty switched-on to it,” Huebert reflected. The issues at hand are sensitive and multi-faceted, and the program’s benefits are nuanced. While the topic may remain justifiably contentious, the hope and expectations surrounding it are reflected in Huebert’s salient reminder “to proceed with empathy and compassion, and create welcoming environments.”