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Legal Team Sets the Bar High for Vancouver 2010

by Peter McKinnon

OTTAWA - The world's finest skiers, skaters and other winter athletes aren't the only ones putting in long hours to prepare for the 2010 Olympic and Paralympic Winter Games.

While the athletes train for personal bests, a group of Department of Justice Canada legal experts are already hard at work on the complex legal issues associated with hosting such a pre-eminent international event.

Staging a successful Games is a challenge of, well, Olympian proportions. The XXI Olympic Winter Games will be no exception, as thousands of athletes, coaches and trainers - along with hundreds of thousands of spectators and media personnel - travel from more than 80 countries to Vancouver and Whistler for two weeks in February 2010.

Accommodating this rush of humanity in a safe, secure and orderly fashion, and mounting a memorable, entertaining spectacle, requires not only infrastructure such as stadiums, roads and housing, but also a host of legal services.

"There are so many areas of law in play - public security, international relations, transportation, human rights and more," says Karen Moore, Senior Counsel with Canadian Heritage, the lead federal department for Vancouver 2010. "And it's vital that the Government of Canada speaks with a single voice on all legal issues."

Illustration: Kaméléons & Cie.

Justice Canada 2010 Network

The Games give rise to issues that cut across all eight Justice portfolios - Aboriginal Affairs, Business and Regulatory Law, Central Agencies, Citizenship, Immigration and Public Safety, Criminal Law, Litigation, Public Law, and Tax Law.

To coordinate the legal assistance required to stage the Games, the Government of Canada formed the Justice Canada 2010 Network - a team of some 60 counsel from Justice Headquarters, the Vancouver Regional Office and the legal service units of more than 30 federal departments and agencies.

Moore, the Network's co-ordinator, marvels at the array of legal issues the counsel now face.

"Allocating radio frequencies is a case in point," she says. "There's a long list of groups wanting exclusive access to dedicated frequencies - police and security personnel, event organizers and broadcasters - yet the radio spectrum is finite. As with dozens of similar issues - from food safety to visas - we'll work with all the parties to sort that one out."

Department of Justice Canada legal experts are already hard at work on the complex legal issues associated with hosting such a pre-eminent international event.

Collaboration is the guiding principle of the 2010 Games. The Games are the responsibility of the Vancouver Olympic Organizing Committee (VANOC) - an independent, non-profit society.

To stage the Games successfully, VANOC requires the support of several other parties: the governments of Canada, British Columbia, the City of Vancouver, the Resort Municipality of Whistler and the Canadian Olympic and Paralympic committees. This support is spelled out in a multi-party agreement (MPA), concluded six months before Vancouver was awarded the Games.

A new Olympic standard

"The MPA is a binding document that commits each party to meet specific milestones and deliver particular services," says Moore. "It also set a new standard for future Olympics. The International Olympic Committee now expects applicants for the Games to have at least the framework of an MPA in place to submit bids."

Vancouver 2010 is also exceptional because it allocates a larger role to Aboriginal peoples than any previous Olympics.

Four host First Nations - Lil'wat, Musqueam, Squamish and Tsleil-Waututh - share a seat on VANOC's board of directors and negotiated special Olympic-legacy agreements that enable them to benefit directly from the Games.

It's vital that the Government of Canada speaks with a single voice on all legal issues.

Along with the preparation of numerous agreements and protocols, the legal work has also included drafting legislation to protect the Olympic and Paralympic brand in Canada and to amend the Income Tax Act.

Security is a crucial concern, particularly since all of the venues lie close to the American border. Foreign dignitaries, such as heads of state, are Internationally Protected Persons (IPP) - a status codified in a United Nations convention and the Criminal Code. Many IPP will likely attend the Games, and each must be provided the appropriate level of security.

"We must create a secure environment, while remembering that in Canada, individual rights are fundamental," says Moore. "We want visitors and athletes to remember the Games for athletic accomplishments and spectacular natural settings rather than security measures."

Pre-emptive planning

At this stage, Moore's team devotes much of its time to contingency planning - assessing potential scenarios and preparing appropriate strategies.

"Counsel will be prepared to take swift legal action if, for example, protestors try to disrupt the Games through unlawful demonstrations," says Moore.

As Network Coordinator, Moore is in regular contact with VANOC's chief legal officer and with counsel representing the other parties.

"When I look at the big picture, it's easy to get overwhelmed," she says. "The key is to work collaboratively with the appropriate parties."

We want visitors and athletes to remember the Games for athletic accomplishments and spectacular natural settings rather than security measures.

Perhaps no one appreciates this approach more than Ken Bagshaw, VANOC's Chief Legal Officer.

Bagshaw oversees a team of 10 full-time counsel and liaises with dozens of others. "The Justice Network provides a single window to all relevant federal departments and agencies," he says. "This type of co-ordination saves everyone a great deal of time and effort."

It's not the first time that the Department of Justice Canada has assembled a team of counsel for an international event. A similar approach was adopted for the 2002 G8 Summit in Kananaskis and the 2007 Summit in Montebello. The experience amassed by the Justice Network will bolster the planning efforts underway for the 2010 G8 Summit in Huntsville.

"Coordinating legal services across multiple organizations is essential to the success of the Games," says Moore. "For me, this is an incredible opportunity to grow as a professional; for Canada, hosting the Olympics is a great opportunity to show the world what we're all about."

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