Legal and Other Updates
We at the ACC have always talked about transparency and held it in the highest of regards.
With that we are launching this section of our website where we will be providing periodic updates with evidence on matters that effect your cricketing life in Alberta and the future of the sport in our province.
The Alberta Cricket Council ("ACC") was formed in 2018 through a partnership between four of the five active cricketing leagues in Alberta.
This was a direct result of certain operational and management concerns that the members had raised regarding the former Provincial Sport Organization, the Alberta Cricket Association ("ACA"), but were ignored by Cricket Canada and its management at the time.
The purpose of the ACC has always been to provide a uniform platform for all cricketing entities in the province of Alberta; without labels and without prejudice. To achieve this the ACC needed the support of Cricket Canada and the status of PSO for cricket in Alberta. The ACC took this matter to arbitration through the SDRCC (http://www.crdsc-sdrcc.ca/), where after a long process that lasted almost a year and a half, on July 13, 2021 we were finally successful in having the provincial membership and the PSO Status awarded to the the ACC. We will in later posts on this page add details to the entire process and the steps we went through. For now, click the buttons below to download copies of the Arbitrator's Orders.
Cricket Canada has already acknowledged this Order and recognizes the Alberta Cricket Council as the PSO for cricket in Alberta.
Cricket Canada's Court Challenge
In May of 2020, Cricket Canada filed an application in the Ontario Superior Court challenging the SDRCC's jurisdiction over a dispute regarding the membership within Cricket Canada.
Well, needless to say, that didn't go as well as Cricket Canada's management at the time and the judge in the case noted:
"This is not a situation in which the members of the corporation have the right to choose membership based on subjective preferences... Membership in Cricket Canada is an entitlement of anyone who can demonstrate effective control of competitive organized cricket in their province."
"The Centre’s [SDRCC] exercise of jurisdiction over a dispute which determines whether a particular organization should or should not be a member of Cricket Canada is consistent with the overall purpose for which the Centre was created namely to ensure “the “full and fair participation of all persons in sport and the fair, equitable, transparent and timely resolution of disputes “ relating to the participation of a person in a sports organization."
Cricket Canada lost this application and had to pay legal costs to the ACC's legal counsel.
ACA's Arbitrator Challenge
In November of 2020, the ACA, through its legal counsel had filed an application with the SDRCC challenging the continued involvement of the Arbitrator, Ms. Johnston, in the case.
As per the SDRCC's code, a Panel of three individuals from the SDRCC was put together to review the challenge against the Arbitrator. At the end of the review, the Panel in their decision wrote:
"no reasonable person reviewing the (Arbitrator's) November 9th email would feel that the Arbitrator was favouring any party's position. All parties were treated equally."
"Arbitrator could be said to have encouraged the Parties to resolve the matter themselves - an outcome entirely consistent with the SDRCC's purpose of resolving sport dispute in a just, speedy, and cost-effective manner. This is not something that reasonable person would consider as demonstrating bias against of in favor of a Party or outcome."
ACA's challenge was dismissed.