Five SFU Football players have filed an injunction in the Supreme Court of British Columbia to halt the university’s heavily-criticized decision to cancel its varsity football program last week.
In a separate civil claim, the players allege the decision by Simon Fraser University breached their contract despite its offer to honour their academic scholarships for one more year.
“These players all came to SFU based on promises … that they would play football and get a great education,” said lawyer Peter Gall outside the Supreme Court of B.C. on Thursday afternoon.
“So with very little notice the program is now being terminated. We say that’s a breach of contract.”
None of the claims of either action have been tested or proven in court, and the university has not filed a formal response.
In a statement to CBC, a spokesperson said the university is aware of the injunction and will be “reviewing and considering next steps.”
Last week, Simon Fraser University president Joy Johnson said the decision is a result of “ongoing uncertainty” due to the NCAA Division II Lone Star Conference announcing it would drop SFU Football beginning in 2024.
SFU Football is the only Canadian university team in the American NCAA II Division, and according to the claim has sent more players to the Canadian Football League than any other university. The school still had a place to play in the upcoming 2023 season.
Peter Gall hopes SFU will reinstate the team before May 3 “safety valve” deadline.
Players and SFU Football Alumni Association president Mark Bailey also say SFU did not take any steps to consult players, alumni, or explore other league options in Canada before deciding to end the program on April 4.
Since the school’s decision, there’s been much support for SFU Football. CFL commissioner Randy Ambrosie, Canadian Football League Players’ Association executive director Brian Ramsay, and Football Canada president Jim Mullin have all written letters to Simon Fraser, U Sports and Canada West officials and football coaches condemning the decision and asking that SFU be allowed to continue playing football in Canada.
Last resort
Bailey and Gall hope the injunction pressures the university to reverse the decision before May 3 when the dispute goes to court.
“It’s more about us moving forward and having ongoing conversation to get to where we need to be,” said Bailey. “If we didn’t file this, I don’t know if we can get there.”
SFU has offered players to continue their academic scholarships for one more year, but Gall and players say anything less than reinstating the program isn’t enough.
“No other remedy will adequately compensate the (players) for what they will lose if the 2023 season is cancelled,” the claim states.
Gall noted the decision’s timing makes it impossible for many players to find a new team to play on before the next season begins, or for scheduling to take place if the SFU team is reinstated.
Key’Shaun Dorsey came to SFU to follow his dream of playing football.
The uncertainty has been destabilizing and demoralizing, according to the filed affidavits and public comments by players.
“The hardest thing about this process is looking around at the faces, at all my guys who it could be their last season playing together as a team, and to see that stripped away from them is just devastating,” said Key’Shaun Dorsey, a second-year player from Surrey, B.C. — southeast of Vancouver — who is not part of the lawsuit.
As a local, Dorsey hasn’t had to deal with the same housing, academic and visa issues other players say the upheaval has caused them.
But he says he can’t stay at SFU to study if the team is not reinstated.
“My dream is to play football,” said Dorsey. “It would mean the world to have one more season.”
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