This report marks the end of four years in operation for the HRAP. The focus of the Panel continues to be to ensure a fair and accessible adjudicative process for all participants and ensuring that it has procedural rules in place to support an efficient and responsive appeal process.
In 2019–2020, the Panel undertook a comprehensive review of its Rules of Procedure as part of its ongoing commitment to continually enhance and improve its appeal process. This review included a targeted consultation with key stakeholders and parties who have extensive experience appearing before the Panel. This is the first time the Panel formally consulted on its Rules of Procedure, and the stakeholder response was strong and constructive. Several procedural changes were ultimately approved by the Panel, with implementation of the changes targeted to be introduced at the start of the 2020–2021 race season.
The number of appeals filed with the Panel increased from the previous year, in large part due to a greater number of urging appeals, which came about following the implementation of new urging rules by the AGCO in May 2019. Concurrently, medication and drug–related appeals continued to fall following rule and procedural changes introduced by the AGCO beginning in 2018.
Novel and interesting matters continued to be raised before the Panel over the past year, including a case where the Panel’s jurisdiction was at issue. In April, the HRAP received an appeal from the Ontario Harness Horse Association (OHHA) with respect to directions issued by the Registrar concerning the distribution of certain marketing funds. The Panel ultimately concluded that the directions of the Registrar fell outside the ambit of the Rules of Racing and therefore were not appealable to the HRAP; however, OHHA has since sought judicial review of the Panel’s decision. A decision by the Divisional Court has not yet been made.