Nick Diaz’s camp to file complaint over GSP’s UFC 158 drug test

Tuesday, March 26, 2013

On Tuesday, Quebec athletic commission representative Joyce Tremblay said that the weigh-in rules in place for Georges St-Pierre’s UFC 158 welterweight title defense against Nick Diaz allow fighters to weigh up to 0.9 pounds above the 170-pound weight limit, and still be recorded as 170.

“During UFC 158, no contestants exceeded the weight determined in their contracts,” said Tremblay. “Currently, the Régie does take into consideration the maximum weight determined by contract when it carries out the weight-ins before a bout. However, our regulation on combat sports does not take decimals into account. Their consideration is a question of interpretation likely to be debated between the two parties under contract.”

The commission said further that this is the standard generally, and was not an exception made for St-Pierre.

The weigh-in figures for the past five UFC events in Quebec, each of which included a title fight, all show whole numbers only, with no decimal points.

Jonathan Tweedale, legal counsel for Nick Diaz, takes issue with the Quebec AC position, saying that in no commission anywhere is 170.9 identical to 170, and that GSP “legally and ethically” owes Diaz a rematch. Tweedale as well avers that the commission failed to properly supervise St-Pierre’s post-fight drug test.

Text of his statement appears below:

The Quebec Commission’s statement is a disappointing admission that the March 16 event was not conducted under the rules applicable to a UFC title fight – or under the rules the fighters contractually agreed to, upon which rules Mr. Diaz was entitled to rely under his bout agreement.

Section 168 of the Regulation respecting combat sports provides that the maximum weight that a fighter must achieve at the official weigh-in shall be determined in advance by contract – and if the fighter does not make the contracted weight – in this case 170 pounds – then 20% of his purse or “the contestant’s remuneration” will be deducted and paid to his opponent (subsections (7) and (8)).

The contracted weight for this fight was 170 pounds. 170.9 is not 170, anywhere in the world, for a title fight. There is no question what “170 pounds” means, in the bout agreement, as a matter of contractual interpretation.

The Quebec Commission deliberately relaxed the rule in this case and, by its own admission, allowed their home-town fighter to “make weight” even if he weighed more than the contracted weight.

The Commission’s statement that their Regulation “does not take decimals into account” is bizarre and untrue. Section 74 of the Regulation provides that at an official weigh-in, “[t]he scale shall have graduated readings at each 100 g (3.6 oz) and shall be certified by Measurement Canada.” There would be no need to have graduated readings at each 100 g if the Commission “does not take decimals into account”.

Furthermore, section 77 of the Regulation provides: “At an official weigh-in, no time shall be granted to a contestant to enable him to increase or decrease his weight.” It appears that here too, the Commission was prepared to relax this rule at the last minute in favour of Mr. St-Pierre.

Further serious irregularities including, inter alia, the Quebec Commission’s failure to supervise fighters’ provision of samples in connection with testing for Prohibited Substances and Prohibited Methods (under sections 71.1 to 71.6 of the Regulation), will be set out in an official complaint that will be filed imminently.

In the circumstances, Mr. St-Pierre remains legally and ethically obligated to fight Mr. Diaz at 170 pounds or else vacate the belt in favor of those prepared to fight at welterweight.