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

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

The complainant’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 prohibited her from publicly disclosing information about the case. 

“I give them credit to say that they thought it was only fair in the circumstances of how things were unrolling publicly,” Talach told CBC News in an interview.

The non-disclosure agreement (NDA) was officially withdrawn the day before Hockey Canada’s executives testified before a parliamentary committee on July 27 probing the organization’s handling of the alleged sexual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

Hockey Canada’s president Scott Smith faced questions from MPs about the NDA during the committee. NDP MP Peter Julian called on him to release complainants from them if they want because it perpetuates a “culture of silence” when “victims are silenced.”

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

WATCH | Calls grow to ban NDAs in sexual assault and harassment cases: 

Hockey Canada drops NDA with complainant in alleged sexual assault case

6 hours ago

Duration 2:43

Hockey Canada has dropped a non-disclosure agreement with the woman who was allegedly sexually assaulted by a group of players in 2018. Meanwhile, some lawyers and advocates are pushing for NDAs to be banned in some cases altogether.

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

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 Hockey Canada’s former VP of risk management Glen McCurdie.

On top of the 2018 case, Hockey Canada has paid $8.9 million to 21 complainants since 1989.

Rob Talach is the lawyer representing the complainant alleging a 2018 group sexual assault involving some members of Canada’s world junior team. (James Chaarani/CBC)

Hockey Canada clarified on 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 almost every settlement of every claim in Canada, including sexual abuse claims…,” wrote Hockey Canada in a statement to CBC News. 

The Hockey Canada controversy has put a new spotlight on the issue of NDAs, which are common in settling lawsuits. There are mounting calls by some advocates to ban them in cases related to sexual assault. 

P.E.I became the first province in May to limit the use of the agreements in cases to stop silencing victims of harassment and sexual misconduct. Some legal experts and legislators argue NDAs protect institutions and perpetrators and drive allegations underground allowing the 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 use of a special fund — in part made up of registration fees — to pay for legal settlements. Sponsors have dropped support, the NHL is investigating and police have opened a new investigation into a separate 2003 group sexual assault case.

The public controversy started after Talach’s client’s filed $3.5-million lawsuit in April that said in 2018, eight hockey players including members of Canada’s world junior team sexually assaulted, humiliated and degraded her at a hotel room in London, Ont. 

The statement of claim, which has not been proven in court, said the hockey players brought golf clubs to the hotel room to further intimidate her, directed the woman to shower after the sexual assault and told her to say she was sober while they videotaped a consent video.

Complainant feared adding to ‘public spectacle’

Hockey Canada’s board of directors authorized the maximum amount of the $3.5-million lawsuit to be paid out, according to testimony at the parliamentary committee. 

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 consistent with her wishes. 

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

Glen McCurdie, a Hockey Canada vice-president, says the organization is investigating its level of risk for possible lawsuits that could be filed by alleged victims. (The Canadian Press)

He said the non-disclosure agreement was mutually sought because his client from the beginning was “adamant” that she didn’t want to “add to a public spectacle.” He said his client also chose not to name the hockey players involved in her lawsuit. 

Talach said there is no legal non-disclosure agreements that would prevent a complainant from reporting sexual offences to police. 

“You can’t buy your way out of a criminal investigation,” he said. “Nor can a NDA prevent discussing the incident when seeking medical, counselling or financial advice. Those are typical exceptions.”

No other requests to be released

The complainant at the centre of the case spoke out publicly for the first time last week to the Globe and Mail and said she felt “vulnerable and exposed” since May when her allegations went public. 

The woman wanted to set the record straight about information that continued to be reported in the media about her case that was inaccurate, said Talach.

Talach said in a statement last week that his client has fully co-operated at all times with a police investigation into her case, despite Hockey Canada originally saying she didn’t. 

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

Hockey Canada said since July 27, “no complainant who received settlements have asked to be released from any confidentiality terms in their settlement agreements.”

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


Have a story or news tip about the Hockey Canada scandal? Confidentially email ashley.burke@cbc.ca

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Canada’s response to Trump deportation plan a key focus of revived cabinet committee

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OTTAWA, W.Va. – U.S. president-elect Donald Trump’s promise launch a mass deportation of millions of undocumented immigrants has the Canadian government looking at its own border.

Deputy Prime Minister Chrystia Freeland said Friday the issue is one of two “points of focus” for a recently revived cabinet committee on Canada-U.S. relations.

Freeland said she has also been speaking to premiers about the issue this week.

“I do want Canadians to know it is one of our two central points of focus. Ministers are working hard on it, and we absolutely believe that it’s an issue that Canadians are concerned about, Canadians are right to be concerned about it,” Freeland said, after the committee met for the first time since Trump left office in 2021.

She did not provide any details of the plan ministers are working on.

Public Safety Minister Dominic Leblanc, whose portfolio includes responsibility for the Canada Border Services Agency, co-chairs the committee. Freeland said that highlights the importance of border security to Canada-U.S. relations.

There was a significant increase in the number of irregular border crossings between 2016 and 2023, which the RCMP attributed in part to the policies of the first Trump administration.

The national police service said it has been working through multiple scenarios in case there is a change in irregular migration after Trump takes office once again, and any response to a “sudden increase in irregular migration” will be co-ordinated with border security and immigration officials.

However, Syed Hussan with the Migrant Rights Network said he does not anticipate a massive influx of people coming into Canada, chalking the current discussion up to anti-migrant panic.

“I’m not saying there won’t be some exceptions, that people will continue to cross. But here’s the thing, if you look at the people crossing currently into the U.S. from the Mexico border, these are mostly people who are recrossing post-deportation. The reason for that is, is that people have families and communities and jobs. So it seems very unlikely that people are going to move here,” he said.

Since the Safe Third Country Agreement was modified last year, far fewer people are making refugee claims in Canada through irregular border crossings.

The agreement between Canada and the U.S. acknowledges that both countries are safe places for refugees, and stipulates that asylum seekers must make a refugee claim in the country where they first arrive.

The number of people claiming asylum in Canada after coming through an irregular border crossing from the U.S. peaked at 14,000 between January and March 2023.

At that time, the rule was changed to only allow for refugee claims at regular ports of entry, with some specific exemptions.

This closed a loophole that had seen tens of thousands of people enter Canada at Roxham Road in Quebec between 2017 and 2023.

In the first six months of 2024, fewer than 700 people made refugee claims at irregular crossings.

There are 34,000 people waiting to have their refugee claims processed in Canada, according to government data.

In the first 10 months of this year, U.S. border officials recorded nearly 200,000 encounters with people making irregular crossings from Canada. Around 27,000 encounters took place at the border during the first 10 months of 2021.

Hussan said the change to the Safe Third Country Agreement made it less likely people will risk potentially dangerous crossings into Canada.

“Trying to make a life in Canada, it’s actually really difficult. It’s more difficult to be an undocumented person in Canada than the U.S. There’s actually more services in the U.S. currently, more access to jobs,” Hussan said.

Toronto-based immigration lawyer Robert Blanshay said he is receiving “tons and tons” of emails from Americans looking at possibly relocating to Canada since Trump won the election early Wednesday.

He estimates that about half are coming from members of the LGBTQ+ community.

“I spoke to a guy yesterday, he and his partner from Kansas City. And he said to me, ‘You know, things weren’t so hunky-dory here in Kansas City being gay to begin with. The entire political climate is just too scary for us,'” Blanshay said.

Blanshay said he advised the man he would likely not be eligible for express entry into Canada because he is at retirement age.

He also said many Americans contacted him to inquire about moving north of the border after Trump’s first electoral victory, but like last time, he does not anticipate many will actually follow through.

This report by The Canadian Press was first published Nov. 8, 2024



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Surrey recount confirms B.C. New Democrats win election majority

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VANCOUVER – The British Columbia New Democrats have a majority government of 47 seats after a recount in the riding of Surrey-Guildford gave the party’s candidate 22 more votes than the provincial Conservatives.

Confirmation of victory for Premier David Eby’s party comes nearly three weeks after election night when no majority could be declared.

Garry Begg of the NDP had officially gone into the recount yesterday with a 27-vote lead, although British Columbia’s chief electoral officer had said on Tuesday there were 28 unreported votes and these had reduced the margin to 21.

There are ongoing recounts in Kelowna Centre and Prince George-Mackenzie, but these races are led by John Rustad’s B.C. Conservatives and the outcomes will not change the majority status for the New Democrats.

The Election Act says the deadline to appeal results after a judicial recount must be filed with the court within two days after they are declared, but Andrew Watson with Elections BC says that due to Remembrance Day on Monday, that period ends at 4 p.m. Tuesday.

Eby has said his new cabinet will be announced on Nov. 18, with the 44 members of the Opposition caucus and two members from the B.C. Greens to be sworn in Nov. 12 and the New Democrat members of the legislature to be sworn in the next day.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.



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Port of Montreal employer submits ‘final’ offer to dockworkers, threatens lockout

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MONTREAL – The employers association at the Port of Montreal has issued the dockworkers’ union a “final, comprehensive offer,” threatening to lock out workers at 9 p.m. Sunday if a deal isn’t reached.

The Maritime Employers Association says its new offer includes a three per cent salary increase per year for four years and a 3.5 per cent increase for the two subsequent years. It says the offer would bring the total average compensation package of a longshore worker at the Port of Montreal to more than $200,000 per year at the end of the contract.

“The MEA agrees to this significant compensation increase in view of the availability required from its employees,” it wrote Thursday evening in a news release.

The association added that it is asking longshore workers to provide at least one hour’s notice when they will be absent from a shift — instead of one minute — to help reduce management issues “which have a major effect on daily operations.”

Syndicat des débardeurs du port de Montréal, which represents nearly 1,200 longshore workers, launched a partial unlimited strike on Oct. 31, which has paralyzed two terminals that represent 40 per cent of the port’s total container handling capacity.

A complete strike on overtime, affecting the whole port, began on Oct. 10.

The union has said it will accept the same increases that were granted to its counterparts in Halifax or Vancouver — 20 per cent over four years. It is also concerned with scheduling and work-life balance. Workers have been without a collective agreement since Dec. 31, 2023.

Only essential services and activities unrelated to longshoring will continue at the port after 9 p.m. Sunday in the event of a lockout, the employer said.

The ongoing dispute has had major impacts at Canada’s second-biggest port, which moves some $400 million in goods every day.

On Thursday, Montreal port authority CEO Julie Gascon reiterated her call for federal intervention to end the dispute, which has left all container handling capacity at international terminals at “a standstill.”

“I believe that the best agreements are negotiated at the table,” she said in a news release. “But let’s face it, there are no negotiations, and the government must act by offering both sides a path to true industrial peace.”

Federal Labour Minister Steven MacKinnon issued a statement Thursday, prior to the lockout notice, in which he criticized the slow pace of talks at the ports in Montreal and British Columbia, where more than 700 unionized port workers have been locked out since Nov. 4.

“Both sets of talks are progressing at an insufficient pace, indicating a concerning absence of urgency from the parties involved,” he wrote on the X social media platform.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.

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