What happened during day one of Parliament’s second Hockey Canada hearing

Starting July 26 and continuing on Wednesday, July 27, individuals from Hockey Canada, the Canadian Hockey League (CHL) and connected organizations will appear before Parliament as members of the Standing Committee on Canadian Heritage continue their inquiry into the handling of 2018 sexual assault allegations and the settlement of the subsequent lawsuit.

What we learned during Tuesday’s Hockey Canada hearing

Henein Hutchison laid out investigation process

One of the biggest points of confusion during the first Hockey Canada hearing on June 20 concerned how many players took part in the initial third-party investigation conducted by Henein Hutchison beginning in June 2018. 

Danielle Robitaille, a partner at the firm and one of two employees conducting the investigation, cleared the air during her testimony on Tuesday. She told parliament the following:

• Henein Hutchison reached out to all players in attendance at the Hockey Canada gala event in London, Ont. shortly after the firm was retained to open an investigation. Those invitations for interviews were sent on June 26, 2018. Robitaille said the majority of players responded immediately. 
• A total of 10 players were interviewed between June 30 and July 11, 2018. Henein Hutchison travelled to various locations across Canada and the United States to conduct the interviews in person.  
• Seven players declined interviews, pending the conclusion of the criminal investigation opened by London Police Services. (Robitaille noted that some interviews that had been scheduled following the initial invitation to speak were cancelled after players learned of the police investigation.)
•  Two players initially issued a blanket refusal to participate in the investigation, but Robitaille said she has “since learned that they meant to simply defer their participation until the conclusion of the criminal investigation.”
• Seven staff members of coaches were also interviewed during the initial investigation. Robitaille did not provide a breakdown. 

This information from Robitaille corrects what was initially reported during Hockey Canada's first hearing last month, when then chief executive officer (CEO) Tom Renney told Parliament he believed that four to six players spoke with Henein Hutchison. President Scott Smith said later on during that session he believed the number was closer to 12 or 13.

As the re-opened investigation moves forward, players who do not cooperate face lifetime bans 

Robitaille also confirmed that Hockey Canada has mandated player participation in the newly reopened third-party investigation, which Robitaille will once again conduct. Any players who don't cooperate will be banned from Hockey Canada events, and their names will be made public, said Robitaille. 

Robitaille said she was unable to acquire a statement from the complainant — a component of the investigation she felt was crucial in moving forward. 

Now, with participation from the complainant since reopening the investigation, Robitaille said she is “well prepared” to proceed with the probe. 

Sport Canada testimony raises questions about communication, leadership

While Tuesday brought some answers, it also raised a lot of questions about what Sport Canada knew at the time of the allegations, when they knew it, and to whom they communicated. 

Sport Canada's senior director, Michel Ruest, told parliament Tuesday that the federal organization was informed of the allegations in June 2018, but that they did not make the minister of sport aware of the information, nor did they follow up with Hockey Canada. At the time, Kent Hehr was Canada's sport minister. Current minister Pascale St-Onge said previously she did not know about the allegations until they were made public in May. 

Asked why Sport Canada did not pause funding to Hockey Canada upon learning of the alleged incident four years ago, Ruest said they were waiting for the conclusion of the police investigation. He also said Hockey Canada never told them the investigation had been closed. 

St-Onge announced last month that the government was freezing Hockey Canada's funding. That freeze remains in place, and St-Onge also said that Sport Canada's funding mechanism would be reviewed. 

Over the course of the past two months since these allegations first came to light, St-Onge has made clear her plans to study the mechanisms and leadership in place across sport organizations in Canada. She pushed on Tuesday the message that more women need to be in positions of power within Hockey Canada in order to move forward in eradicating the organization's toxic culture and long-standing code of silence.

Sport Canada did not inform Canada's sport minister of 2018 allegations, leading to criticism

Senior director of Sport Canada Michel Ruest told Parliament on Tuesday that Sport Canada learned of the sexual assault allegations in late June 2018. Ruest said those learnings were not passed along to the office of Canada's sport minister (at the time, Kent Hehr). Pascale St-Onge, Canada's current sport minister, has said she didn't know about the allegations until they came to light publicly in May 2022. 

In June, St-Onge ordered a financial audit into Hockey Canada to determine whether public money was used to settle the lawsuit. She also announced the freezing of government funding to Hockey Canada. 

“I intend to use my leadership to call for change,” St-Onge said during her testimony Tuesday.

Asked about why funds weren't frozen earlier, Ruest testified Sport Canada was waiting for the police investigation to close, and that they were not aware the investigation was closed.

Kevin Waugh, the Conservative member of parliament (MP) representing Saskatoon, took the step of chastising Sport Canada for its role in the matter.

“I'm pointing fingers at Sport Canada,” he said. “They could've stopped this.”

In response, St-Onge said that Sport Canada did not know the scope of the event in 2018.

Hockey Canada's finances face renewed scrutiny

Among the threads binding Tuesday's hearing together was the question of Hockey Canada's finances, a source of fierce scrutiny amid the recent revelations that the organization had established a “National Equity Fund” which, at least partially, was used to cover claims of sexual assault.

MPs levied questions centred on how Hockey Canada paid the law firm it hired to investigate the sexual assault allegations, as well as where the money to pay for the settlement of the 2018 case came from, and why protocols were not in place to restrict Hockey Canada's government funding amid the investigations.

Danielle Robitaille, a partner at the firm and one of two employees conducting the investigation, testified on Tuesday that the source of the funds to pay their fees was never discussed.

Throughout the day, no further clarity emerged on where exactly the money to settle the sexual assault claim came from. Michel Ruest, a senior director of Sport Canada, said an auditing firm had been hired to further investigate. Details were sparse, but he said the audit started in “late June, early July.”

When pressed about why Sport Canada did not flag the allegations during the funding approval process, Ruest testified that they were waiting for the conclusion of the investigation.

Questions were raised as to if less money was used for the National Equity Fund, could more have been given to women's teams, which historically receive significantly less resources than men's teams for the same sports. Pascale St-Onge, Canada's minister of sport, did not provide a firm answer but advocated for Hockey Canada to be asked the same question.

As the day went on, the thrust of the questions shifted from unpacking the past to looking towards the future

Ruest made a point of noting that, if Hockey Canada does not comply with future recommendations to ensure the sport is safe, the organization will not receive funding.

 St-Onge, following the discourse on how Hockey Canada was able to receive funding without there being conditions attached to it, said a next step in her work would be to review the funding mechanism, though it was not immediately clear what the scope of that review would be.

A call for meaningful change — and doubts over who will enact it

Pascale St-Onge, the minister of sport in Canada, echoed her earlier calls for meaningful change in hockey's governing body in the country, urging leaders to effect “culture change” while questioning whether those in power are capable of enacting any significant shift.

St-Onge went on to note that, while there have been steps taken by Hockey Canada that indicate it is making strides in the right direction, it is not the first time that the organization has publicly stated it has good intentions.

In an effort to ensure that change is actually made moving forward, St-Onge said she wanted to see more diversity around the “decision-making table” at Hockey Canada.

Still, as St-Onge has noted before, her power to intervene in Hockey Canada matters are limited, restricting the extent to which her office can facilitate changes beyond advocating for them. She made clear, though, that Hockey Canada is accountable to the public, players and parents — and that the organization can no longer make any mistakes.

Ruest faces funding questions

Michel Ruest, Senior Director of programs, Sport Canada Branch, said Sport Canada was “waiting for the conclusion of the investigation” to make decisions on funding.

Robitaille: 'Circumstances have now changed'

On July 9 2022, Robitaille said she was advised by the complainant that she “was prepared to participate” in the reopened investigation.

Hockey Canada announced earlier this month they would reopen the third-party investigation, once again led by Henein Hutchison LLP, and the lawyer for the complainant confirmed to Sportsnet that his client would be participating.

Hockey Canada, as confirmed by Robitaille on Tuesday, also said that it would make mandatory players' participation in the investigation this time. This, after public outrage at the fact that players were merely encouraged to partake in the initial probe. Any player who does not participate will receive a lifetime ban from all Hockey Canada events, and that any bans issued will be made public.

Now with “the benefit of the complainant's detailed version of events,” Robitaille said Tuesday she is in a position to interview the remaining players and is “well-equipped” to move forward.

Robitaille explains why initial investigation was closed

Robitaille said that on July 13 2018, upon learning of the London Police Services' investigation into the matter, counsel for the complainant advised the firm that the complainant would not participate in the firm's investigation until the police investigation had concluded. 

“We concluded that the remaining player interviews should not be conducted until we received the complainant's statement,” said Robitaille. “Over the next 18 months my office was in regular communication with the complainant's counsel requesting her participation. We sought her statement to allow us to proceed with our investigation and, ultimately, our search for the truth. Despite efforts to encourage the complainant to participate, she declined to provide her account to us at that time.”

Upon the conclusion of the police probe in February 2019, which did not result in any criminal charges, Robitaille contacted the complainant's representation but were not able to acquire a statement. 

“Accordingly, we felt compelled to classify the investigation as closed without prejudice to its reopening if circumstances changed,” she said.

This time, punishments for failing to participate in investigation

In a reversal from how it handled its initial investigation, Danielle Robitaille, a partner at the firm overseeing Hockey Canada's probe, confirmed that Hockey Canada would issue a lifetime ban to players who refuse to participate in her investigation. Any lifetime ban issued will also be made public.

“Justice takes time”: amid calls for action, Hockey Canada lawyer urges patience

Danielle Robitaille, a partner at the law firm contracted by Hockey Canada, Henein Hutchison LLP, acknowledged the frustrations being felt by Canadians over the way the investigations have unfolded, but urged the country to have patience while awaiting an outcome.

Robitaille: Henein Hutchison interviewed 10 players during initial investigation

Danielle Robitaille, a partner at Henein Hutchison LLP who conducted Hockey Canada's third-party investigation beginning in June 2018, told parliament on Tuesday that she spoke with 10 of the 19 players present at the Hockey Canada Foundation gala. These interviews took place across Canada and the United States between June 30, 2018 and July 11, 2018.

Invitations were sent out to all players on June 26, 2018, and said the majority of players responded “immediately” while some meetings were cancelled when London Police Services' investigation opened.

Robitaille said seven players advised that they would not submit to interviews with her office pending the completion of the police interview, of which the firm was made aware on July 13, 2018. Two other players issued a blanket refusal to participate in the investigation, which Robitaille has “since learned that they meant to simply defer their participation until the conclusion of the criminal investigation.”

Asked about how many staff members and coaches participated in the investigation, Robitaille said seven. She did not disclose the breakdown of that number.

Recapping what's happened since the first Hockey Canada hearing

As we've seen over the past five weeks, a lot has happened since the first hearing on June 20th when three Hockey Canada officials — president Scott Smith, then-outgoing CEO Tom Renney (he officially retired on July 1) and Hockey Canada Foundation chair Dave Andrews — appeared before parliament. The organization has had its funding frozen by the government, with several major corporate sponsors also withdrawing their support from the upcoming (rescheduled) world junior tournament in Edmonton next month in a call for change. 

Investigations reopening

Earlier this month, in a “Letter to all Canadians,” Hockey Canada announced it was reopening its third-party investigation into the 2018 allegations, requiring full participation from all members of the world junior roster. (You'll recall, we learned during the June 20 hearing that players were not mandated to speak with investigators.) The lawyer representing the woman who filed the lawsuit has said his client will participate in the reopened inquiry. Additionally, the London Police said last week that they will reopen their criminal investigation upon determining there are “further investigative opportunities” for them to pursue. They concluded the initial investigation in February 2019 without criminal charges. 

Reports unearth funds used to cover sexual assault

Hockey Canada's finances were thrust further into the spotlight last week when The Canadian Press reported the existence of a fund dedicated, at least partially, to covering claims of sexual assault. A day later, a Globe and Mail investigation revealed the fund was created using registration fees. Hockey Canada confirmed the existence of what it called the “National Equity Fund,” and said in a statement last Wednesday the fund will “no longer be used to settle sexual assault claims.” Another report from the Globe and Mail on Monday revealed details of a second fund that, according to court documents, was used to cover costs for liability insurance for Hockey Canada's directors and officers.

Hockey Canada releases “action plan” on eve of hearings

Monday, the eve of the second set of hearings, also saw Hockey Canada release its promised “action plan” with the intention of shattering “the code of silence” and eliminating “toxic behaviour in and around Canada’s game.” You can see more details on that here. 

We also heard from members of the Canadian Women’s national team on Monday when they released a unified statement pledging to be “part of the fight for the truth” and calling for a “thorough and transparent investigation of the incidents in question as well as the structure, governance and environment that exists within the organization.”

More allegations emerge

This hearing is happening just days after another case of alleged group sexual assault involving Hockey Canada players emerged from 2003, involving that year’s world junior team during the tournament in Halifax. Hockey Canada released a statement saying it learned of the alleged incident upon being contacted by TSN’s Rick Westhead and called for anyone with information to contact Halifax Police, which said Friday it is opening an investigation. 

On Wednesday, July 27 we'll hear from current and former Hockey Canada officials and several witnesses from the CHL (including president Dan MacKenzie and the commissioners of all three of the Western Hockey League (WHL), Ontario Hockey League (OHL) and Quebec Major Junior Hockey League (QMJHL) as well as the CEO of Hockey Canada's insurance partner, BFL Canada.