Hockey Canada has dropped a non-disclosure agreement with the whistleblower in a high-profile 2018 alleged gang sexual assault involving eight hockey players, including some members of the world junior team, CBC News has learned .
The whistleblower’s lawyer, Rob Talach, says Hockey Canada approached his client on July 22 and asked if she wanted to be released from the agreement that prohibits her from publicly disclosing information about the case.
“I give them credit for saying they thought it was only fair under the circumstances of how things were unfolding publicly,” Talach told CBC News in an interview.
The non-disclosure agreement (NDA) was officially withdrawn the day before Hockey Canada executives were to testify before a parliamentary committee on July 27 to investigate the organization’s handling of the alleged sexual assault case.
Hockey Canada president Scott Smith faced questions from MPs about the NDA during committee. NDP MP Peter Julian asked her to release whistleblowers from them if they want because it perpetuates a “culture of silence” when “victims are silenced.”
“If they want to remove them, unless there’s a legal reason that I’m not aware of, I’m not sure why we wouldn’t,” Scott said when asked if he would withdraw the deals. “Our priority is to support the victims.”
Smith told the committee last month that Hockey Canada proactively contacted Talach after “media reports represented comments on behalf of the players” and “suggested that he should also be given the right to respond to events of the night”. Hockey Canada shared Talach’s response privately with MPs, but did not release it publicly.
NDAs used in other settlements
It was revealed during the committee that non-disclosure agreements were also used in other settlements involving allegations of sexual assault, according to Hockey Canada’s former vice-president of risk management, Glen McCurdie.
In addition to the 2018 case, Hockey Canada has paid $8.9 million to 21 whistleblowers since 1989.
Rob Talach is the lawyer representing the complainant alleging gang sexual assault in 2018 with some members of Canada’s World Junior Team. (James Chaarani/CBC)
Hockey Canada clarified Monday that non-disclosure agreements were not used in all deals.
“In some cases, the only confidentiality terms relate to the settlement amount, which is routinely included in almost all settlements of all claims in Canada, including sexual abuse claims…”, Hockey Canada wrote in a statement to CBC News.
The Hockey Canada controversy has put a new spin on the issue of NDAs, which are common in lawsuit settlements. There are growing calls from some advocates to ban them in cases involving sexual assault.
PEI in May became the first province to limit the use of plea agreements in cases to stop silencing victims of sexual harassment and misconduct. Some legal experts and lawmakers argue that NDAs protect institutions and perpetrators and drive complaints underground, allowing cultural problems to continue.
Hockey Canada is in the midst of a crisis as it faces public outrage over its handling of sexual assault claims and the use of a special fund, made up in part of registration fees, to pay legal settlements. Sponsors have dropped support, the NHL is investigating and police have opened a new investigation into a separate 2003 gang sexual assault case.
The public controversy began after Talach’s client filed a $3.5 million lawsuit in April alleging that in 2018 eight hockey players, including members of Canada’s world junior team, sexually assaulting, humiliating and degrading in a hotel room in London, Ontario.
The statement of claim, which has not been proven in court, said the hockey players brought golf clubs into the hotel room to further intimidate her, told the woman to take a shower after the sexual assault and was told she was sober while they recorded a video. consent video.
Complainant feared increasing “public spectacle”
Hockey Canada’s board of directors authorized the maximum claim amount of $3.5 million to be paid, according to parliamentary committee testimony.
Talach revealed new details to CBC News on Monday about his client’s non-disclosure agreement. He said the agreement contained a “communication plan” that gave his client some “flexibility to say what she wanted to say.” The agreement allowed Talach to make a written statement in accordance with his wishes.
“He really didn’t want to be part of the media and he doesn’t want to add to this debate publicly,” Talach told CBC News.
Glen McCurdie, vice-president of Hockey Canada, says the organization is investigating its level of risk for possible lawsuits that could be filed by the alleged victims. (The Canadian Press)
He said the nondisclosure agreement was mutually sought because his client from the beginning was “adamant” that she did not want to “add to a public spectacle.” He said his client also chose not to name the hockey players involved in his lawsuit.
Talach said there are no legal confidentiality agreements that prevent a whistleblower from reporting sex crimes to police.
“You can’t buy your way out of a criminal investigation,” he said. “An NDA also cannot avoid discussing the incident when seeking medical, counseling or financial advice. These are typical exceptions.”
There are no other requests to be released
The whistleblower at the center of the case spoke publicly for the first time last week to the Globe and Mail, saying she had felt “vulnerable and exposed” since May, when her allegations became public.
The woman wanted to clarify information that continued to be released in the media about her case that was inaccurate, Talach said.
Talach said in a statement last week that his client has fully cooperated at all times with a police investigation into his case, even though Hockey Canada initially said he did not.
CBC News asked Hockey Canada if any whistleblowers have come forward and asked to withdraw their non-disclosure agreement since executives testified last month.
Hockey Canada said as of July 29 that “none of the whistleblowers who received settlements have asked to be released from any confidentiality clauses in their settlement agreements.”
“As noted above, if requested Hockey Canada would work with victims to support their wishes,” Hockey Canada said in a statement.
Got a story or news tip about the Hockey Canada scandal? Send a confidential email to ashley.burke@cbc.ca