Hockey Canada dropped non-disclosure agreement with sexual assault complainant | CBC News

Hockey Canada has dropped a non-disclosure agreement with the complainant of a high-profile alleged sexual assault by a group in 2018 involving eight hockey players, including some members of the world junior team, CBC News has learned.

The applicant’s counsel, Rob Talach, said Hockey Canada approached his client on July 22 and asked her if she wanted to be released from the agreement, which prohibited her from making any information about the case public.

“I give them to say that given the circumstances of how things publicly unfolded, they thought it was only fair,” Talach said in an interview with CBC News.

The non-disclosure agreement (NDA) was officially withdrawn the day before Hockey Canada executives testified before a parliamentary committee on July 27 to investigate the organization’s handling of the alleged sexual assault case.

Hockey Canada President Scott Smith took questions from lawmakers about the NDA during the committee. NDP MP Peter Julian urged him to release complainants if they wanted to, as it would perpetuate a “culture of silence” when “victims are silenced”.

“If they want to eliminate those, unless there’s a legal reason that I’m not aware of, I’m not sure why we wouldn’t do that,” Scott said when asked if he was withdrawing the agreements would. “Our priority is to support the victims.”

Smith told the committee last month that Hockey Canada proactively reached out to Talach after “media reports presented comments on behalf of players” and “suggested she should be given the right to respond to the evening’s events as well.” Hockey Canada privately shared Talach’s response with lawmakers, but did not publicly announce it.

NDAs used in other settlements

During the committee, it was revealed that non-disclosure agreements were also used in other settlements involving sexual assault allegations, according to Glen McCurdie, former vice president of risk management for Hockey Canada.

In addition to the 2018 case, Hockey Canada has paid $8.9 million to 21 complainants since 1989.

Hockey Canada clarified Monday that non-disclosure agreements were not used in every single settlement.

“In some cases, the only confidentiality terms concerned the amount of the settlement, which is commonly included in nearly every settlement of any claim in Canada, including sexual abuse claims…” Hockey Canada wrote in a statement to CBC News.

The Hockey Canada controversy has shed new light on the issue of non-disclosure agreements that are common in settling court cases. There are increasing calls from some advocates for them to be banned in sexual assault cases.

PEI became the first province in May to restrict use of the covenants in cases to break the silence on victims of harassment and sexual misconduct. Some legal experts and lawmakers argue that non-disclosure agreements protect institutions and perpetrators, and drive allegations underground, allowing culture problems to continue.

Hockey Canada is in the midst of a crisis as it deals with public outrage over its handling of sexual assault claims and its use of a special fund — made up in part of registration fees — to pay legal settlements. Sponsors have ceased support, the NHL is investigating and police have launched a new investigation into a separate 2003 group sexual assault case.

The public controversy began after Talach’s client filed a $3.5 million lawsuit in April alleging that eight ice hockey players, including members of Canada’s world junior team, killed her in a hotel room in London, Ontario, in 2018. sexually assaulted, humiliated and degraded.

The lawsuit, which was not proven in court, says the hockey players brought golf clubs into the hotel room to further intimidate her, ordered the woman to shower after the sexual assault, and told her to say she was sober , while they videotaped consent video.

Complainant fears contribution to “public spectacle”

According to testimony before the parliamentary committee, the Hockey Canada Board of Directors approved the maximum amount of the lawsuit to be paid out, which was $3.5 million.

Talach revealed new details about his client’s non-disclosure agreement to CBC News on Monday. He said the agreement included a “communications plan” that gave his client some “flexibility to say what she wanted to say.” The agreement allowed Talach to issue a written statement consistent with her wishes.

“She didn’t really want to be a part of the media and she didn’t want to publicly add anything to this debate,” Talach told CBC News.

He said the non-disclosure agreement was sought amicably because his client had been “adamant” from the start that she did not want to “contribute to a public spectacle.” He said his client also chose not to name the hockey players involved in her lawsuit.

Talach said there are no statutory non-disclosure agreements that would prevent a complainant from reporting sex offenses to the police.

“You can’t buy your way out of a criminal investigation,” he said. “An NDA also cannot prevent the incident from being discussed if medical, psychological or financial advice is sought. Those are typical exceptions.”

No more requests for release

Speaking publicly to the Globe and Mail for the first time last week, the complainant at the center of the case said she had felt “vulnerable and exposed” since May when her allegations were made public.

The woman wanted to clarify that the media continued to report inaccurate information about her case, Talach said.

Talach said in a statement last week that his client has always fully cooperated with a police investigation into her case, although Hockey Canada originally said she had not.

CBC News asked Hockey Canada if any complainants had come forward and asked for their non-disclosure agreement to be revoked since executives testified last month.

Hockey Canada has said since July 27, “No Complainant who has received Settlements has asked to be released from confidentiality provisions in their Settlement Agreements.”

“As previously noted, upon request, Hockey Canada would work with victims to support their wishes,” Hockey Canada said in a statement.

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