By Andrew Warshaw
November 10 – The Canadian Soccer Association (CSA) has rejected a request to participate in mediation to resolve the increasingly fractious dispute over the of use of artificial turf at next year’s Women’s World Cup.
On Friday the Human Rights Tribunal of Ontario turned down a request by a group of elite players to fast-track the case but said the parties should instead go to mediation.
“I find it appropriate in the circumstances of this case for the Tribunal to schedule an early mediation to provide the opportunity for the parties to resolve the matter in a timely way,” Jo-Ann Pickel, tribunal vice chair ruled.
Lawyers for the players responded by stating they were ready to go ahead but the CSA said they were not. “The Canadian Soccer Association has advised the Tribunal that it is not willing to participate in an early mediation in this matter,” a CSA statement said.
Dozens of the world’s top women players have argued that they are being discriminated against given that World Cup finals for men have always been played on natural grass. Canada will host the women’s event June 5-July 6 event in six cities – Vancouver, Edmonton, Winnipeg, Ottawa, Montreal and Moncton.
Pickel said one reason for refusing to expedite the case was that the players did not start their legal procedure until 18 months after venues, and surfaces, had been announced.
“The Canadian Soccer Association is pleased with the Tribunal’s decision. We continue to move forward with our preparations for what will be a world-class competition played on consistent, top quality FIFA 2-Star certified football turf surfaces,” said Victor Montagliani, President of the Canadian Soccer Association.
But as the case drags on with seemingly little progress, attorney Hampton Dellinger, representing the players, denounced the CSA’s position.
“Just hours after the Tribunal took them up on the parties’ offer to mediate, the Canadian Soccer Association shockingly rejected mediation. They essentially told the Tribunal and the players that they refuse to negotiate,” Dellinger said in a statement.
“Yet according to the Tribunal’s order, both the players and CSA had previously agreed to consider mediation. Either the Tribunal was misled by CSA or it was mistaken in a fundamental way that clearly requires revisiting the players’ request to expedite. Whichever is the case, we will ask the Tribunal to reconsider its decision not to hear the application on a fast-track basis. The Tribunal’s decision was based on a false assumption that CSA was willing to join the players at the negotiating table. Clearly that is not the case; a hearing on the merits is now more important than ever.
“From the outset of this legal action, the players and their lawyers have said their goal is not to entertain through courtroom drama but to ensure playing conditions so that the drama and beauty of the game can be fully revealed.”
“The players have already released a ten-page ‘Pitch Perfect’ proposal developed in consultation with grass and soccer field experts across Canada and the United States that details one of the many ways to ensure that the World Cup is played on world-class fields. We trust FIFA will join as well and we look forward to the talks beginning soon.”
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