(PRESS RELEASE) -- The Canadian Boxing Federation has spent many months researching the Criminal Code of Canada, the Indian Act, and various provincial government acts. The purpose of this research was to determine the legality of combative sports events in communities without a properly constituted regulatory body "commission." This issue stems from the ongoing and dangerous practice of "unregulated" events which happens in many areas of Canada.

There are several reasons why this issue is important. First and foremost, Commissions help ensure the safety of the participants. There have been many unregulated events where there have been no doctors, ambulance, qualified officials or approved medical requirements for the participants. Injuries may go untreated and unreported. Secondly, unregulated events leave the door open for liability for those involved should there be problems encountered during the event. Thirdly, there is no reliable reporting of results and injuries from these events. In the absence of such reporting, an injured fighter could choose to compete in another event without the proper recovery time.

As mentioned above, communication between duly constituted commissions and record-keeping agencies such as Fight Fax and /or MMA LLC is extremely important for the system to work properly for the protection of the participants. Fighters who compete at unregulated events (even if they are unaware the event is illegal) risk lengthy suspensions from sanctioned jurisdictions which can affect their ability to earn income from the sport.

As mentioned above, an issue that has to be taken into consideration is Liability. Section 83 of the Criminal Code of Canada states:

- Everyone who
(a) engages a principal in a prize fight,
(b) advises, encourages or promotes a prize fight, or
(c) is present at prize fight as an aid, second, surgeon, umpire backer or reporter is guilty of an offence punishable on summary conviction.

So What? Proving your innocence could be costly.

Secondly:
Promoters are expected or mandated in most places to carry General Liability Insurance as do the Venue owners. We have been informed by the representatives of the insurance industry that in the case of a claim, if the event is proven to be illegal, the insurance policy would be null and void.

Section 83(1) says that it is illegal to be involved with a "prize fight." Section 83(2) defines a prize fight to include all previously arranged fights with fists or hands [boxing, kick boxing, muay thai and mixed martial arts all involve hitting with fists or hands [CBF opinion]. There are two exceptions to the above sections. The two exceptions are:
a) Amateur boxing contests where the contestants wear gloves of at least 140 grams (140 grams is equal to about 5 ounces); and
b) "Any boxing contest held with the permission or under the authority of an athletic board or commission or similar body established by or under the authority of the legislature of a province for the control of sport within the province."

Based on the research that we have conducted, it is our opinion that the only way to have a legal combative sports commission in Canada is to establish one by or under the authority of the legislature of a province. In Alberta for example, the Municipal Government Act deals with municipal commissions and boards, and allows municipalities to create commissions and boards within their jurisdiction to carry out various functions including the regulation of combative sports.

An e-mail from Alberta Municipal Affairs to the CBF states:
"Prior to the major amendments and changes in the Municipal Government Act (MGA) in 1995, the Act in Section 238 specifically gave municipal councils authority to pass bylaws to allow athletic contests and provide for licensing. The new MGA is silent on this issue, as it is a less prescriptive document. Sections 7 and 8 of the current Act give councils the authority to pass bylaws and to provide for licensing and regulations of activities."

A municipality, as defined in the MGA Act (Alberta), means a city, town, village, summer village, municipal district or specialized municipality. An Indian Reserve is not included in this definition.

The CBF is aware that a number of combative sports events have been held on Indian Reserves. The promoters of these events have taken the position that such events are permitted under the Indian Act and that Section 83 of the Criminal Code is not applicable. In looking at the legislation governing Indian Reserves, Section 81 (1) (m) of the Indian Act (a Federal piece of legislation) states as follows:

81. (1) The council of a band may make by-laws not inconsistent with this Act or with any regulation made by the Governor in Council or the Minister, for any or all of the following purposes, namely, (m) the control or prohibition of public games, sports, races, athletic contests and other amusements;

The CBF contacted Indian Affairs for clarification regarding Section 81 (1) (m) of the Indian Act, and they stated in an e-mail that:
"As of today, there aren't any Indian Act by-laws that regulate Boxing or Combative Sports on First Nation reserves."

We were also told by representative from Indian Affairs that the Indian Act has no authority in this regard. In fact, they said that an Indian Band needs to contact their respective Provincial Government, as per Section 83 of the Criminal Code of Canada. Accordingly, it is the opinion of the CBF that any entity wishing to form a properly constituted commission for combative sports must seek approval from their respective Provincial Government.

The CBF has, in the past, taken every step it can to help groups set up legal commissions and this practice will continue whenever we are asked.

The Canadian Boxing Federation respectfully submits this information to Canadian combative sports commissions and asks for your guidance on this issue. We also ask your guidance as to what actions we can collectively take to help eliminate unsanctioned combative sports events in Canada. This is for the safety of the participants and to protect the integrity of the sports. Through a similar collective approach years ago, we were successful in all but eliminating illegal and unregulated boxing events, and now is the time to take action again.
Best Regards,

George Winter
President
Canadian Boxing Federation