Jon Heshka

Associate Professor

BSc, BA, BEd, MEd, LLM

Jon Heshka served as Associate Dean of Law from 2013 to 2017. Since arriving at TRU in 2002, Jon has played an active role in university governance having served as, amongst other positions, vice-chair of Senate and chair of the Educational Planning Committee of Senate. He won the Governor General’s Academic Medal en route to earning degrees in zoology, political studies, education and law. Prior to his arrival at TRU, Jon played semi-pro volleyball in Brazil, worked as a climbing guide, trained and coordinated search and rescue for the Justice Institute of BC/Ministry of Attorney General, and managed risk and sales in the US with Petzl — a world leader in climbing equipment.

His research interests and areas of expertise of specialization include sports law, the liability of adventure and extreme sport, regulation and risk management of extreme sport, outdoor pursuits risk management and ambush marketing.

Jon has co-authored a university textbook entitled Managing Risk: Systems Planning for Outdoor Adventure Programs, which represents the next generation of thinking about risk and adventure. He co-wrote a chapter on “The Legal Context for Outdoor Recreation” in Risk Management in the Outdoors published by Cambridge University Press. He also wrote a chapter on “Legal Issues in Extreme Sport” in Extreme Sports Medicine published by Springer International Publishing AG. His 60+ articles have been published in several journals including International Sports Law Review, Sport and the Law Journal, and Solicitors Journal as well as eleven newspapers including The Globe and Mail and the Guardian, and two climbing magazines. Jon has been interviewed or quoted more than 60 times in the media including CBC's the fifth estate, CBC Newsworld, Global News, the National Post, and The Vancouver Sun.

He has presented at more than 30 conferences worldwide including the World Association for Sport Management Conference, the British Association for Sport and Law Conference, the Conference of the European Association for Sport Management, the US National Conference on Law and Higher Education, and the Canadian Association for the Practical Study of Law in Education.

Jon consults with all levels of government and the private sector. He co-authored the 2003 Public Avalanche Safety Program Review for the BC Ministry of Public Safety and Solicitor General and has worked as an expert witness in Canada, the United States, and Europe in matters relating to adventure sport risk management. Jon has also consulted with many other clients including the Government of the Northwest Territories, US National Parks Service, the Calgary Board of Education, and the Golden Gate Bridge.

Jon was an associate editor with the International Journal of Sport and Society and has peer reviewed articles for journals such as the UBC Law Review, the Canadian Labour and Employment Law Journal, the Journal of the Legal Aspects of Sport and the Lakehead Law Journal. Jon has been a judge at the National Sports Law Negotiation Competition hosted by the Thomas Jefferson School of Law in San Diego, California. He was also a guest arbitrator in 2013 at the Hockey Arbitration Competition of Canada hosted by the University of Toronto and took teams there in 2015 and 2016 to compete in the HACC.

Jon was a Co-Director at the Centre for International Sports Law at Staffordshire University and has been a part-time lecturer at Leicester De Montfort Law School in the UK where he taught courses in Ethics and Sports Regulation. Jon teaches sports law in the Faculty of Law at TRU and also teaches courses in business administration, risk management, and emergency management in the Adventure Studies Department.

 Publications
Books
  1. Jackson, J. & Heshka J. (2010). Managing Risk – Systems Planning for Outdoor Adventure Programs. Ottawa, DBI.
Book Chapters
  1. Heshka, J. Therapeutic Use Exemptions in Sport. Steroids and Doping in Sports. Santa Barbara: ABC-CLIO.
  2. Heshka, J. and Anderson J. Concussion, employers’ duties and the law: The U.K. & Ireland with comparative perspective from the U.S. and Canada. Sports Law Yearbook 2016/17. British Association for Sport and Law.
  3. Heshka, J. (2016). Legal Issues in Extreme Sport. In F. Feletti (Ed), Extreme Sports Medicine. Springer (Forthcoming, 2016)
  4. Ainsworth, A & Heshka, J. (2011). The Legal Context for Outdoor Recreation. In T. Dickson & T. Gray (Eds.), Risk management in the outdoors: A whole of organization approach for education, sport and recreation. (43-68). Port Melbourne: Cambridge University Press.
Articles
  1. Heshka, J. (2016). Benching head shots in the NHL. Winnipeg Free Press, December 20, A11.
  2. Heshka, J. (2016). Sport needs to do better on doping. Winnipeg Free Press, October 5, A7.
  3. Heshka, J. (2016). Hockey Fighter Derek Boogaard runs aground on §301 of the LMRA. Professional Sports and the Law, 6 (6), 5, 12.
  4. Heshka, J. (2015). The CFL, Concussions, and a $200 Million Court Case. LawNow, September/October 2015 (40-1)
  5. Heshka, J. (2015). Sports Law Expert Takes Closer Look at $200 Million CFL Concussion Lawsuit. Professional Sports and the Law, 6 (3), 1, 17-19.
  6. Heshka, J. and Jackson, J. (2015). The Roles of Experience, Participation Rates and Judgement in the Injury Rates of Weekend Warriors. Canadian Journal of Surgery, Can J Surg. 2015 Feb; 58(1): E1–E2.
  7. Heshka, J. (2014). A dangerous-offender designation for hockey. National Post, November 5, p. A12.
  8. Heshka, J. (2014). Former Canadian Football Player Has a Hard Road to Hoe in Concussion Lawsuit. Sports Litigation Alert, 11 (16).
  9. Heshka, J. (2014). Backstrom case: Code non-signatories at the Olympics.  World Sports Law Report, 12(3), 6-7.
  10. Heshka, J. (2014). NHL concussion lawsuit and lessons for contact sports.  World Sports Law Report, 12 (1), 11-13.
  11. Heshka, J. (2013). Children need play, not bubble wrap. The Vancouver Sun, December 4.
  12. Heshka, J. (2013). Canadian Football Player Sues University over Concussion. Sports Litigation Alert, 2, (5).
  13. Heshka, J. and Lines, K. (2013). A Proposed New Approach to Regulating Brain Injuries in Sport. International Journal of Sport and Society, 3(4), 141-152.
  14. Heshka, J. and Lines, K. (2013). Boogeyman’s Posthumous Distinction. Professional Sports and the Law, 10 (11).
  15. Heshka, J. (2013). Risk. The Avalanche Journal, 36.
  16. Lines, K. and Heshka, J. (2013). Doping: The thinking behind USADA’s ‘reasoned decision’: analysis. World Sports Law Report, 11 (1).
  17. Heshka, J. (2013). Risk is part of adventure experience. The Vancouver Sun, January 7, A11.
  18. Hackney, H. and Heshka, J. (2013). Deciphering the Drew Tate Concussion Controversy. Concussion Litigation Reporter, 1 (7).
  19. Heshka, J. (2012). Hockey Violence and the Long Arm of the Law. Sports Litigation Alert, 9 (22).
  20. Heshka, J. (2012). BC Government cancels $40 million stadium naming rights deal. Professional Sports and the Law, 3 (1), 19 (reprinted in Sports Litigation Alert, 9 (5)).
  21. Heshka, J. & Jackson, J. (2012) Sarah Burke: Real risk in extreme sports world. The Vancouver Sun, February 1, A15.
  22. Heshka, J. (2012). Brain Injuries: A shot across the NHL’s bow. LawNow, January/February 2012, 35-36.
  23. Heshka, J. (2011, November 10). Should what happens on the ice, stay on the ice? The Guardian. http://www.guardian.co.uk/sport/blog/2011/nov/10/ice-hockey-legal-sport-network
  24. Lines, K. & Heshka J. (2011). Off duty: An analysis of Grimes v Hawkins. Solicitors Journal, 155(38), 14-15.
  25. Heshka, J. (2011). Risk and Responsibility. Gripped, 13(5), 28-29. http://gripped.com/2011/10/sections/articles/risk-and-responsibility/
  26. Heshka, J. (2011). Battle of the beers: Labatt v. NHL and Molson Coors. Sports Litigation Alert, 8(19).
  27. Lines, K. & Heshka, J. (2011). Cross-disciplinary studies in sports and law. Global Sports Law and Taxation Reports, 2(3).
  28. Heshka. J. (2011, August 2). A (head) shot across the NHL’s bow? The Globe and Mail, p. A13. http://www.theglobeandmail.com/news/opinions/opinion/a-head-shot-across-the-nhls-bow/article2114845/
  29. Heshka, J. (2011). Concussions are a Headache for the NHL and NFL. Sports Litigation Alert, 8(7).
  30. Heshka, J. (2011). Family Alleges Negligence after Man Dies on Zip-line. Sports Litigation Alert, 8(6).
  31. Heshka, J. (2011, March 6). Violence on the ice is getting out of control. Edmonton Journal, p. A13.
  32. Lines, K & Heshka, J. (2011). Bump in the Night [analysis of Barnes v. The Scout Association [2010] EWCA Civ 1476]. Solicitors Journal, 155(2), 8-9.
  33. Heshka J. & Lines K. (2010). Assessing the Competency of Sport to Regulate Technology. International Journal of Sport and Society 1(3), 1-14.
  34. Heshka, J. (2010, November 25). Kids should not be extreme adventurers. Cañada Valley Sun (LA Times newspaper).
  35. Lines, K. & Heshka J. (2010). Advertising: Ambush marketing: FIFA’s rights protection programme. World Sports Law Report, 8(8), 4-6.
  36. Heshka, J. (2010, June 19) University has punished the innocent. Waterloo Region Record, p. A15. http://www.guelphmercury.com/print/article/424493
  37. Lines, K. & Heshka, J. (2010). A good sport: The ruling in Uren emphasises the courts’ determination to protect the freedom to choose whether to participate in sports with an acceptable level of risk. Solicitors Journal, 154(6), 13.
  38. Heshka, J. (2010, February 23). Why ski helmets alone don't prevent injuries. Windsor Star, p. A6.
  39. Heshka, J. (2010, February 10). Ski helmets alone aren't enough. Ottawa Citizen, p. A17.
  40. Heshka, J. (2010, February 1). Rules and Rogues – VANOC’s approach to ambush marketers may keep the lawyers happy but the strategy is backfiring. Marketing, p. 37.
  41. Heshka, J. (2009). The Criminality of Doping in Sport. International Sports Law Review Pandektis 8(1-2), 118-129.
  42. Lines, K. & Heshka J. (2009). Ski Jumping through Olympic-sized hoops: An analysis of Sagen v. Vancouver Organizing Committee (VANOC) for the 2010 Olympic & Paralympic Winter Games. International Sports Law Review 4, 92-99.
  43. Heshka, J. & Lines K. (2009). Swimming - Credibility Crisis or Tempest in a Teapot? Assessing FINA's competency to regulate high-tech swimsuits. Sport and the Law Journal 16(3), 15-25.
  44. Lines, K. & Heshka J. (2009). Gridiron Spirit - Cheerleading is a Contact Sport Declares the Supreme Court of Wisconsin in Noffke v. Bakke 2009 WI 10. Entertainment & Sports Lawyer 27(1), 1-33-35.
  45. Heshka, J. (2009, July 7). Critical analysis: Has swimming got the balance right? British Association for Sport and Law.
  46. Heshka, J. (2009, April 1). High Cost of Chasing Powder. Kamloops Daily News, p. B1.
  47. Lines, K. & Heshka, J. (2009). Carbon Fibre, Artificial Altitude & Biomechanics: The Place of Technology in Lex Sportiva. Proceedings of the Socio-Legal Studies Association 2009 Conference.
  48. Heshka, J. (2009, January 27). Barbarity Rules NHL. The Province, p. A16.
  49. Heshka, J. (2009, January 11). From Fights to Bites: Hockey Violence is Out of Control. Winnipeg Free Press, p. A11. http://www.winnipegfreepress.com/opinion/westview/from_fights_to_bites.html
  50. Lines, K. & Heshka J. (2008). Falling in Line with the Law – Should adults who are injured after deliberately putting themselves at risk expect to be compensated? New Law Journal, 1026-1027.
  51. Heshka, J. (October 2008). Law of the Land - Redefining Climbing Liability. Rock and Ice Magazine, 172, 22.
  52. Heshka, J. (2007). How Tort Law Operates in Recreation, Sports & Field Trip Environments - Volenti in Higher Outdoor Education. Proceedings of The 28th Annual National Conference on Law and Higher Education. Gulfport, Florida: Stetson University College of Law.
  53. Heshka, J., McLarty, S. & Statham G. (2007). Perspectives on the Standard of Care for Custodial Groups in Outdoor Pursuits. Proceedings of the 2007 Wilderness Risk Management Conference. Banff, AB: NOLS.
  54. Heshka, J. (2007). Assumption of Risk and Inherent Risk in Outdoor Education. Law Review Quarterly, 5-21.
  55. Heshka, J. (2006). Canada’s Legal Standard of Care for Outdoor Education. Canadian Association for the Practical Study of Law in Education 2005 Conference Proceedings, 221-242.
  56. Heshka, J. & Hood, R. (2006). Universities Collaborating with Communities. Proceedings from the Tourism Educators Conference. Victoria, BC.
  57. Hood, R. & Heshka, J. (2006). Tourism Students Consulting In The Community: Optimal Education Or Unrealistic Expectations? Conference Abstracts of the Western Division of the Canadian Association of Geographers Annual Meeting. Kamloops, BC: TRU.
  58. Heshka, J. (2006). Holding Strength of Climbing Ice Screws vs. Placement Angle. Thompson Rivers University Scholarly Activity Project Report, 44-47.
  59. Heshka, J. & Valade, G. (2004). Risk, Liability and Insurance of Nature-Based Tourism. Conference Summaries - Nature-Based Tourism. Ottawa, ON: Queen's Printer.
  60. Heshka, J. & Stewart-Patterson, I. (2004). Holding Strength of Ice Screws vs. Placement Angle. Association for Outdoor Recreation and Education, 8.
 Conferences
Selected Conference Presentations
  1. ‘Does the Canadian Charter of Rights and Freedoms apply to the adjudication of a doping dispute under Canada’s national anti-doping program?’ with Marshall Putnam. Tackling Doping in Sport 2017 Conference (London, England). 2017.
  2. ‘Too Fast, Too Furious – When should sports governing bodies be liable in negligence for the death of their athletes?’ with Kris Lines. Sports & Recreation Law Association Conference (Las Vegas, NV), 2017.
  3. ‘Risk, Negligence & Regulation in Extreme Sports.’ 2017 TRU Society of Law Students Conference (Thompson Rivers University, Kamloops, BC), 2017.
  4. ‘Learned Hands or White Knuckles – Duty of Care in Extreme Sports’ with Kris Lines. Sports & Recreation Law Association Conference (New Orleans, LA). 2016.
  5. ‘Waivers.’ Alpine Club of Canada National Annual General Meeting (Banff, AB). 2015.
  6. Heshka, J. (2014). 'Risk Management and Liability in Competitive Extreme Mountain Sports.'  World Association for Sport Management Conference (Madrid, Spain).
  7. Heshka, J. (2014). 'Roam Right ... Navigating Outdoor Risk & the Legal System.'  Calgary Area Outdoor Council (Calgary, AB).
  8. Heshka, J. (2014).  'Concussions in Sports.' Body of Law: Is it time for a check-up? - 2014 TRU Society of Law Students Conference (Thompson Rivers University, Kamloops, BC).
  9. Heshka, J. (2013). ‘Hockey, Concussions and the Law’ British Association for Sport and Law Conference (Leeds, UK).
  10. Heshka, J. (2012). ‘Risk Management and Liability in Competitive Extreme Mountain Sports’ Thinking Mountains 2012 – Interdisciplinary Mountain Studies Conference (University of Alberta, Edmonton).
  11. Heshka, J. (2012). ‘The concussion litigation crisis in American football’ British Association for Sport and Law Conference (Leicester, UK).
  12. Heshka, J. (2012). ‘Perspectives of risk in the outdoors - risk, adventure sports and the law’ British Mountaineering Council conference on risk, liability and outdoor adventure (Derbyshire, UK).
  13. Lines, K. and Heshka, J. (2012). ‘Regulating Violence in Violent Sports' Third International Conference on Sport and Society (Cambridge University, United Kingdom).
  14. DeMartini, A. & Heshka, J. (2012). Parkour across North America and university’s exposure to liability: Should schools be worried?’ 25th Annual Conference on Sport, Physical Activity, Recreation and Law (Greensboro, NC).
  15. Heshka, J. & Lines, K. (2011). Epidemic Levels of Sports Concussions Demands a Management Re-think. The 19th Conference of the European Association for Sport Management (Madrid, Spain).
  16. Lines, K. & Heshka, J. (2011). Technological Doping: Assessing the competency of sport to regulate technology. Tackling Doping in Sport 2011 Conference (London, UK).
  17. Lines, K. & Heshka, J. (2011). The Challenges of Regulating Technology in Winter Sport – Tilting the field of sport with technology. Winter Sports and Outdoor Life Conference (Telemark University College, Norway).
  18. Heshka, J. (2011). Risk Management – Systems Planning for Outdoor Recreation Programs. Western Canada Campus Recreation Conference 2011 (Kamloops, BC).
  19. Heshka, J. (2010). Technological Doping and Sport Integrity. British Association for Sport and Law Conference (Leicester, UK).
  20. Heshka, J. & Lines, K. (2010). Assessing the Competency of Sport to Regulate Technology. International Sport and Society Conference (Vancouver, BC).
  21. Heshka, J. (2008). Evolving Risk Management Practices in Canada. Wilderness Risk Management Conference (Jackson Hole, WY).
  22. Heshka, J. & Hoye, W.P. (2007). How Tort Law Operates in Recreation, Sports and Field Trip Environments. 28th Annual National Conference on Law and Higher Education (Clearwater Beach, FL).
  23. Heshka, J. (2007). Reflections on the Legal and Ethical Foundation of Outdoor Education. Risk Management Conference for Outdoor Education in Canada (Ottawa, ON).
  24. Heshka, J. (2007). Are Standards and Certification the Silver Bullet to Outdoor Education? Risk Management Conference for Outdoor Education in Canada (Ottawa, ON).
  25. Heshka, J., McLarty, S. & Statham, G. (2007). Perspectives on the Standard of Care for Custodial Groups in Outdoor Pursuits. Wilderness Risk Management Conference (Banff, AB).
  26. Heshka, J., Williamson, J. Cline, P. & Lee Tarter, S. (2005). Role of Standards, Certification & Accreditation in Outdoor Education. Wilderness Risk Management Conference (Snowbird, UT).
  27. Heshka, J. (2005). Canada’s Legal Standard of Care for Outdoor Education. Risk Management Conference for Outdoor Education in Canada (Ottawa, ON).
  28. Heshka, J. (2005). Canada's Outdoor Education Standards Dilemma. Canadian Association for the Practical Study of Law in Education (Regina, SK).
  29. Heshka, J. & Valade, G. (2004). Risk, Liability and Insurance of Nature-Based Tourism. Eco-North 2004 (Thunder Bay, ON).
 Links
Jon Heshka
Contact

Email:
jheshka@tru.ca

Course
  • Sports Law I
    (LAW 3970)