Evidence of meeting #40 for Canadian Heritage in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was investigation.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Danielle Robitaille  Partner, Henein Hutchison LLP
Michel Ruest  Senior Director, Programs, Sport Canada Branch, Department of Canadian Heritage
Justin Vaive  Procedural Clerk
Isabelle Mondou  Deputy Minister, Department of Canadian Heritage

11:45 a.m.

Liberal

The Chair Liberal Hedy Fry

Oh, it's you, Karen. I'm sorry. I had Kevin Waugh for some reason.

I'm sorry about that.

11:45 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

It's all good. We look a lot alike, so I understand.

11:45 a.m.

Liberal

The Chair Liberal Hedy Fry

I know you do. That's why I got confused.

11:45 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Yes. No problem.

Thank you very much.

I'll go directly to my line of questions. It was reported that lawyers representing seven of the members of the 2018 world junior hockey team were never asked to sit down for interviews or provide statements.

Ms. Robitaille, is that correct?

11:45 a.m.

Partner, Henein Hutchison LLP

Danielle Robitaille

I'm sorry. I'm having a very difficult time hearing you.

11:45 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Okay.

We've heard that seven of the members of the 2018 world junior hockey team were never asked to sit down for interviews or provide statements. Is that correct?

11:45 a.m.

Partner, Henein Hutchison LLP

Danielle Robitaille

Nine; it was nine, and that's as a result of what I indicated previously. I did not yet have the complainant's statement, and I was not prepared to interview those players absent the complainant's version of events.

11:45 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Thanks very much.

So that's what you indicated, namely, that until you actually conducted the interview with the complainant, you decided, or it was decided, that investigating or asking questions of these other players wouldn't make any sense.

Can you explain to me...? I guess part of that issue, to me, is that we know that these people are sitting there and they have not been involved in questions. You've decided not to ask them; because of the young woman's not wanting to testify, you've decided not to go forward with these young men. I guess that's part of my question here: Why not?

11:45 a.m.

Partner, Henein Hutchison LLP

Danielle Robitaille

Thank you.

I won't be able to answer this question in as much detail as I could if the investigation were complete. What I can tell you is that based on the information I collected in the summer of 2018, that is an investigative conclusion that I came to. I can say two things. First, I concluded after the summer of 2018 that I could not complete my search for the truth absent having an opportunity to hear from the complainant about what she said happened. I would not be able to reach the end goal without hearing from her.

11:45 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Okay.

11:45 a.m.

Partner, Henein Hutchison LLP

Danielle Robitaille

Second, as a matter of due process, I could not interview players without giving them fair notice of what was alleged against them. It was really those twin concerns that caused me to take the steps I took.

11:45 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

I hear that. I guess for me, uncovering the truth is when one door is shut, I continue to say, “find a window”. I guess if Hockey Canada really wanted to get down to the fact that there was an alleged sexual assault in June of 2018, they would have wanted to do more to ensure that any of these players who might have been responsible were going to be held accountable.

I think those are some of my concerns.

One of my concerns as well is that some of these players, or whoever may have been involved, may now be coaching. These are young men mentoring our own next generation of young hockey players, so it's a huge concern of mine that we kind of just wiped our hands clean and walked away from this. Because the woman didn't come forward, the men still weren't going to be held accountable, yet they're getting to wear the maple leaf on their shirt. I just don't think that's...

To me, good hockey players are not all we need. We need great people off the ice as well, so I'm really hoping that Hockey Canada will take that into consideration.

When reaching out to the players, I know some had said that they weren't....How long did it take for you to reach out to them and for them to get back to you when you started this investigation?

These other players whom you had not contacted, why did you not connect with them all at the same time? Why was it pieced out that you were only connecting with so many and not all 19 of these players?

11:45 a.m.

Partner, Henein Hutchison LLP

Danielle Robitaille

Thank you, Madam Chair, for the opportunity to clarify.

All of the players were contacted at the same time. On June 26, letters went out from my firm to all of the players. We received a healthy response from the majority of them and started the process of scheduling interviews.

11:45 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Can you explain to me “a healthy response”?

11:50 a.m.

Partner, Henein Hutchison LLP

Danielle Robitaille

The majority of them got back to us immediately to schedule interviews. Some interviews were scheduled and cancelled once the London Police Service investigation got under way.

11:50 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

We're looking at these being CHL players playing for Hockey Canada, so did you have any contact whatsoever with CHL coaches who may have been coaches of these players at that time or any of these organizations?

11:50 a.m.

Partner, Henein Hutchison LLP

Danielle Robitaille

I know that Hockey Canada was in touch with the CHL regarding our investigation and the allegations.

11:50 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Looking at this, your department never contacted them with the CHL to say that you were trying to do this investigation and ask how you could get everybody on board. Was there nothing done there or that way?

11:50 a.m.

Partner, Henein Hutchison LLP

Danielle Robitaille

There were discussions at the outset of Henein Hutchison's investigation regarding player compliance with our investigation. Those discussions are subject to a claim by Hockey Canada of solicitor-client privilege.

11:50 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Once again, there's solicitor-client privilege on this.

I guess for me, when I'm looking at the CHL, I'm looking at holding people to account—

11:50 a.m.

Liberal

The Chair Liberal Hedy Fry

You have 30 seconds.

11:50 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

—and not just holding people to account, but ensuring that, as I said, we have the best people who are going to be the leaders of this country. These are mentors. Do you feel at this time that we've done due justice to all of those players who are involved in Hockey Canada and all of our upcoming hockey players in Canada?

11:50 a.m.

Partner, Henein Hutchison LLP

Danielle Robitaille

I'm not sure I understand the question. I can indicate that I am laser focused on my conduct investigation.

11:50 a.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Thank you very much.

11:50 a.m.

Liberal

The Chair Liberal Hedy Fry

Thank you.

We now go to the Liberals for six minutes with Lisa Hepfner.