Is There a Right to a Formal Process Investigation in Safe Sport?
The difficulty with this framing is that the Commission asserts a “right” without identifying any legal, policy, or institutional foundation for it. In the Canadian sport governance system, complainants do not possess a right to compel a particular investigative process. And perhaps more importantly to me, presenting such a right as necessary to protect justice for complainants mischaracterizes restorative justice as less rigorous or less capable of protecting procedural fairness.
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