VANCOUVER - A group of women's ski jumpers has lost its case in B.C. Supreme Court to be included in the 2010 Winter Olympics.
In her ruling Friday, Justice Lauri Ann Fenlon expressed sympathy for the women, but said her court doesn't have the authority to force the International Olympic Committee to include the sport on the program at the 2010 Games.
The group of 15 former and current female ski jumpers went to court in April to argue their exclusion from the Vancouver Games violated the Canadian Charter of Rights and Freedoms.
The women wanted a court declaration that the Vancouver organizing committee, known as VANOC, must either hold women's ski jumping in 2010 or cancel all ski jumping events.
But it's the IOC that ultimately decides what events will be held in the Games and Fenlon said in her ruling that the international committee is not governed by the Charter, nor does the organization fall under her court's jurisdiction.
"The IOC made a decision that discriminates against the plaintiffs," Fenlon wrote in her 42-page decision. "Only the IOC can alleviate that discrimination by including an Olympic ski jumping event for women in the 2010 Games.
"There will be little solace to the plaintiffs in my finding that they have been discriminated against; there is no remedy available to them in this court."
Ski jumper Katie Willis, one of the women named as a plaintiff in the case, said she was devastated by the decision.
"All of my dreams since I was eight years old, to go to the Olympics, all these little girls coming up, a lot of their dreams are crashing," she said in a telephone interview from Calgary. "There isn't the 2010 Games to shoot for anymore."
Willis, who said she'll probably quit ski jumping, took little comfort in the judge saying the women were discriminated against.
"It is a moral victory because she noted it was discrimination and it was the IOC that is discriminating against us," she said. "But it is hollow because she says she can't do anything because it's not the Vancouver Olympic committee. That is very disappointing."
John Furlong, CEO of VANOC, said organizers will continue planning for the men's ski jump.
"While this has been a difficult and challenging process for all involved, the ruling today means that we can continue on with our preparations for the 2010 sport program as set out by the International Olympic Committee, including a men's ski jumping event," he said in a statement.
"We appreciate Justice Fenlon's careful consideration of the very complex issues."
The IOC maintains women ski jumpers are being prevented from competing at the Games because they don't meet Olympic criteria, not because of gender discrimination.
One of the legal points at issue was whether the Charter applies to VANOC. Fenlon said the committee was not in breach of the Charter.
"VANOC has no power either to order the inclusion of women's ski jumping in the Olympic program or to order the removal of men's ski jumping from the 2010 Games," she wrote. "In other words, VANOC is not under a duty to distribute equally what is has no power to provide."
Ross Clark, the women's lawyer, said the group will now consider its next step.
"We are disappointed that the women's right to participate in 2010 has not been recognized by the court," he said in a statement.
"But we respect the court's opinion and we believe we had a fair hearing. We accept the judge's ruling, but we also need time to consider whether we will appeal."
Deedee Corradini, president of Women Ski Jumping-USA, vows not to quit fighting for her sport.
"We won't give up until women's ski jumping is in the Olympics," she said. "But it's unfortunate this legal effort failed and they won't be in 2010."
