Evidence of meeting #41 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 players.
A video is available from Parliament.
Bloc
Sébastien Lemire Bloc Abitibi—Témiscamingue, QC
Does the Hockey Canada Foundation have its own insurance?
Founder, President and Chief Executive Officer, BFL Canada
No, we only have directors and officers' liability insurance, which is part of Hockey Canada's comprehensive program.
Founder, President and Chief Executive Officer, BFL Canada
My pleasure.
Liberal
The Chair Liberal Hedy Fry
Thank you very much.
I now go to Peter Julian for the NDP for six minutes.
Go ahead, Peter.
NDP
Peter Julian NDP New Westminster—Burnaby, BC
Thank you very much, Madam Chair. Thank you, Mr. Lorenzetti, for appearing today.
As others have mentioned, we believed that your coming to committee would help to clarify certain things, and it has been very helpful so far.
I want to clarify what you said in French. You were saying that CHL insurance is covered through Hockey Canada.
Founder, President and Chief Executive Officer, BFL Canada
That's my understanding, yes, sir.
NDP
Peter Julian NDP New Westminster—Burnaby, BC
That would mean, for example, with the class action suit that is currently being undertaken by a number of CHL players—and I know you'd be aware of what was published in the hockey news, the profoundly disturbing details of physical and sexual abuse, which has been ongoing in cases for years.
Does that mean in the case of this particular class action, if there were a move to negotiate compensation for the victims and reach a settlement, that would then come back to Hockey Canada?
Founder, President and Chief Executive Officer, BFL Canada
Thank you, Madam Chair.
Yes.
NDP
Peter Julian NDP New Westminster—Burnaby, BC
This is a new fact that we were unaware of, and I think it speaks to why it was important to invite you here today.
In the case of any settlement that might come out of the horrific allegations of sexual violence from 2003, that, as well, would be carried by Hockey Canada. I think that is clear to all of us. It was not as clear that the horrific allegations contained in the lawsuit against the Canadian Hockey League would also be covered by Hockey Canada.
In that kind of case, we're talking about absolutely horrific allegations, and I would assume that, if there were a settlement, very significant damages would be provided to the victims. How would Hockey Canada, then, cover all of these potential or current lawsuits?
Founder, President and Chief Executive Officer, BFL Canada
I'm sorry. Are you specifically referring to 2003 or the Carcillo case or—
NDP
Peter Julian NDP New Westminster—Burnaby, BC
I'm referring to both. It seems to me that there is now a significant body of potential future claims coming forward. You're very knowledgeable about the insurance industry. What does that mean for Hockey Canada?
Founder, President and Chief Executive Officer, BFL Canada
I suppose I could say that Hockey Canada has an excellent broker and would be covered for these claims through their insurance company.
They do have insurances in place for these actions.
NDP
Peter Julian NDP New Westminster—Burnaby, BC
There were comments made by Mr. Smith earlier about the claim for 2018 not being fully covered.
A little bit like Mr. Housefather was asking, is it your sense as a broker that both the potential lawsuit emerging from the 2003 allegations of gang sexual assault and the liabilities that come from the ongoing horrific allegations of physical and sexual abuse by a number of the players who were in the Canadian Hockey League would be fully covered by the insurance that is currently constituted with Hockey Canada?
Founder, President and Chief Executive Officer, BFL Canada
Let me be very clear on those points.
The 2003 situation is a circumstance. It's an incident. We have not received any detail, or at least I haven't. Our insurance company has not received any details, so it would be very difficult at this particular point in time, sir, for me to decipher as to whether there is coverage and whether coverage would apply under the general liability or sexual misconduct policy.
Insofar as, let's call it, the Carcillo claim goes, we've received a writ. We can see what may be covered and what may not be covered, so we're in a much better position with respect to that particular claim.
My statement would be to the effect that I would defer answering that question until I had all the facts.
NDP
Peter Julian NDP New Westminster—Burnaby, BC
But you believe right now that there are, with the class action, certain aspects that would not be covered.
Founder, President and Chief Executive Officer, BFL Canada
Do you mean the Carcillo claim?
NDP
Peter Julian NDP New Westminster—Burnaby, BC
This would mean that Hockey Canada would have to find some other means of covering that for the CHL.
Founder, President and Chief Executive Officer, BFL Canada
I think what we have to be clear on, with all due respect, is that you have been referring to sexual misconduct. Hockey Canada doesn't just carry sexual misconduct coverage. They also have general liability and other elements of coverage, so there would be some aspect of coverage under a general liability policy and there would be some aspect of coverage under sexual misconduct, however that was mixed in. That's why these claims are not exactly straightforward.
Liberal
The Chair Liberal Hedy Fry
Thank you very much.
Peter, you're time is up. Thank you.
Now we're going to go into the second round. We actually started this particular meeting eight minutes late. I'm going to suggest that if none of you disagree, I will tack on the eight minutes so we can round it up and have a full second round.