Controversial B.C. cricket league rule prompts Supreme Court intervention – Daily Hive Vancouver

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B.C. cricket players can rejoice after a decision at the Supreme Court sparked by a controversial rule introduced in 2008.
The petitioners brought a case against the British Columbia Mainland Cricket Association (BCMCA), which operates the British Columbia Mainland Cricket League.
According to the Supreme Court decision, the league has been in operation for around 100 years, while the association was incorporated as a society in 1999.
The society’s aim is “to organize, foster, promote, improve, aid, extend and govern the playing of the game of cricket in schools and amongst the youth and adults in Vancouver and the Mainland in the Province of British Columbia.”
One of the petitioners in the case includes the North Shore Cricket Club, one of the oldest clubs in B.C. and a member of the society. Last Man Stands Canada is another petitioner, but not a member of the society.
The primary allegation from the petitioners is that the BCMCA is not letting local players play in the leagues of their choice.
“The Society will not allow players to play in the traditional long form British Columbia Mainland Cricket League, if those players also play in any short form league matches run by Last Man Stands,” the court ruling states, adding that the petitioners are alleging that this ruling runs contrary to the by-laws and constitution of the BCMCA.
The petitioners sought a declaration that Rule 10 of BCMCL’s rules is ultra vires of the association’s constitution, or beyond the association’s authority to impose.
In full, Rule 10 states, “A player can register for ONLY ONE CLUB and this registration shall cover all BCMCL competitions and activities involving member Clubs until the beginning of the next yearly registration period. If a player is registered or plays a game in any other league in the Lower Mainland, then he/she forfeits his/her registration from the BCMCL and as a result is unqualified.”
The petitioners argued that instead of “fostering, promoting, aiding and extending the playing of cricket in mainland British Columbia,” the society is stifling the growth of the sport and player participation. They also argued that Rule 10 was not properly adopted when it was introduced in 2008.
The Supreme Court agreed that Rule 10 was inconsistent with the society’s values and constitution. It also disagreed with the evidence presented by the association’s president.
“Rule 10 is important because BCMCA has to know how many players are committed to playing in BCMCA events,” the president argued.
“However, determining and even ensuring commitment to BCMCA events does not require prohibiting play in other leagues when players are not scheduled to play in BCMCA events,” the court responded.
The court added that the president “does not respond to the petitioners’ evidence that Last Man Stands, for example, tends to be scheduled on weeknights for two hours, as distinct from the BCMCL full weekend matches and tournaments.”
“I am persuaded that the Society is exercising its power to determine who may play in the BCMCL in a manner that is inconsistent with the Society’s purpose to foster and extend the playing of the game of cricket in mainland British Columbia,” the court determined.
In its ruling, the Supreme Court found that the second sentence of Rule 10 was inconsistent with the B.C. cricket association’s constitution.
“The Society is directed to cease restricting players from playing in the BCMCL on the basis set out in the second sentence of Rule 10.”
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