And around goes the merry go round. We get back to control of the PARENTS right to free speech. As my friend said, you can't legally do that, so the contract isn't worth a hill of beans. I pursed that question with him as well. Simply put, if they chose to take it to court, the soccer association would lose. Now I would take a man who teaches law and has worked everywhere from private law firms to being a federal judicial law clerk for the court of appeal amongst other pursuits as quite well versed and knowing what he's talking about. However, if I need some biological advice, I'll know to ask you. If you need any flooring maintenance or installation advise, ask me. But I'm not asking you about law. Or flooring.
In your previous post you did something kind of strange by starting to talk about a contract with a minor which this clearly isn’t as I correctly showed you. That’s why it’s called
Parent’s Code of Conduct. Now you have backed away from that argument and are back at the parents again – thank you.
Freyja’s or her mother’s right’s to free speech is not being violated. Critics keep harping about this, but they don’t understand. They have let emotions take over any objectivity here. Freyja and her mother can express their opinion and conduct their campaigns about Marine Harvest and the soccer association all they want, but outside of the soccer league because the focus should be on soccer, not actions which take away from the game itself. The Code of Conduct is meant to protect those involved from bullying, gossip and intimidation in social networks, texts, blogs, emails, etc. By saying that it is not worth a hill of beans means that referees, coaches, players and volunteers are open to abuse from others within the soccer league. How reasonable is that? If that is the type of playing environment that is being fostered then how do you attract players, coaches, volunteers and of course sponsors. Frankly, it is ludicrous to think that an amateur sport association whether be soccer, hockey, baseball, etc. would not have a code of conduct that maintained a respectful playing environment where the individuals involved do not have to see themselves slagged on Facebook by other players, parents, coaches or volunteers.
Again, these codes of conduct are nothing new. Go to any reputable amateur sporting association and you will notice that they have a code of conduct. I would be very surprised that any court would find them highly restrictive and not reasonable because having an amateur sport league turned into an environment where its participants can be attacked by off-field comments in social media by other participants is not what the Charter was meant for. The other example that I did not mention before were employees in the private and government work places. They can express their opinions about their employer, colleagues or client, but they may find themselves reprimanded or have their position terminated. It is not uncommon for those workplaces to have codes of conduct – I can show you and your lawyer one I am very familiar with. Do you think the Charter would or should protect those individuals automatically? As you found out the other day, slander and libel are not protected by the Charter. You already unknowingly proved my point with this forum the other day about that (Lots of chest pounding about that, but I am wondering why you have not gone after Bob if he was so much in the wrong). That is why the Charter is not carte blanche to say whatever you want. Your lawyer should have advised you of this.
Critics of the association seem to think that a great injustice has been done so the Reeds need to go to court, get her back on the team, and sue the association by fighting this over Freedom of Expression. Ok, let’s say that the Reed’s after spending lots of money and time are successful in court. Many want Freyja to be able to return to her team in Comox instead of travelling an hour away to another team. Well that is probably not a good idea considering the Reeds were almost publicly lynched in a meeting by the parents of the other players. The Reeds totally underestimated the reaction of the other parents. The other parents are equally passionate and invested in their children on the team, and have been forgotten in all this. The Reeds have made this all about their plight while the other players and their parents have had to endure the barrage of media showing up at games, practices and other events looking for interviews. It was a powder keg that was basically ready to blow. In my opinion, the Reeds naively thought that they were going to rally support with the other parents so they could all take on the association to have the sponsor removed from the team. Well it did not happen and it is obvious now that Reeds do not have overwhelming support in the community. Secondly, Freyja would be returning to a team that has the same sponsor that was there before. What kind of resolution would that be for her considering her opposition to Marine Harvest as a sponsor for the team?
Sue for money? Sounds good, but I thought the goal was to have Freyja play soccer – not to have lots of money over this. In the public realm, the Reeds may open themselves up to further ridicule if they accept cash over this. More importantly, if codes of conduct like this are deemed “not worth a hill of beans” in court then what does that say about other amateur sport leagues with similar codes of conduct. Be careful about what you wish for, NB. Again, the simplest, most cost effective solutions which met the Reeds objectives were passed up due to stubbornness and selfishness on behalf of the Reeds. Those were: to not wear Marine Harvest branding or participate in functions that relate to the sponsor; go to another team with a different sponsor; or have their money back. In my opinion, a wise lawyer would have advised these options before going to court where expenses, time and frustrations are really not worth it when there are other alternatives. Even when you win sometimes you really lose in the end. Need to know when to cut your losses and pick your battles. My lawyer taught me these things when I needed her advice at a pivotal time in my life. I am surprised that your lawyer did not mention any of this – only if a person would win or not. I do not think you are getting very good advice with this.