Canadian Heritage Committee on Oct. 4th, 2022

[Anthony Housefather, Liberal, Mount Royal, QC]

Ms. Skinner, you're a lawyer. When a board approves something and authorizes somebody to sign a settlement agreement, when a board authorizes an amount to be paid in a settlement, yes, the normal practice would be to come out of camera and minute that. That wasn't minuted.

You're an attorney. Would you ever advise a client to not minute something so they can never prove in the future what decision was made at a board meeting?

[Andrea Skinner]

Sir, I wasn't the chair at that time. When I took on this role, I did create a document of a record of all the in camera meetings Hockey Canada had. It's been provided to the committee. I noted in that document, which is a record-keeping document, that the decision was made to authorize a maximum amount of settlement, and for external counsel to proceed with negotiations with the young woman.

I'm not going to stand here and say our practices were perfect. Yes, we can absolutely improve in our minute taking, and I've tried to put that in process. I'm hopeful that through the governance review, we will get even more guidance.

[Anthony Housefather, Liberal, Mount Royal, QC]

I appreciate that you've changed the practice and now you're minuting in camera meetings, and you've engaged somebody, a lawyer, to assist with governance. That's excellent.

Let me ask this question. Did the board have the proposed settlement agreement in front of it when it authorized the settlement? Did the board members read the proposed settlement agreement, including the non-disclosure terms, before the board authorized settlement?

[Andrea Skinner]

We received advice from external counsel and we provided authorization as a board—

[Anthony Housefather, Liberal, Mount Royal, QC]

Without reading the agreement.... Without actually having an agreement in front of you to approve, would you ever authorize, ask, tell a client to sign an agreement without having actually reviewed it? That's what the board seems to have done here.

Let me also understand. Hockey Canada officials came here and said you had no idea what underlying circumstances were involved with this incident. How did you make the determination that legally you should settle?

[Andrea Skinner]

We relied on the advice of external counsel.

[The Chair, Liberal, Hedy Fry]

I'm sorry, your time is up. I would appreciate that question being answered, though, Ms. Skinner—just a simple yes or no. Mr. Housefather asked you whether you would approve that if you had a client.... Could you give us a yes or no answer, please?

[Andrea Skinner]

I'm sorry, Madam Chair, I need to hear the question again. To me, it wasn't a yes or no question. We relied on external legal counsel with respect to negotiating and then documenting the settlement.

[The Chair, Liberal, Hedy Fry]

We will move on, then, but I really wish people would answer the questions. Thank you.

Mr. Lemire, you have two and a half minutes, please.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Thank you, Madam Chair.

Ms. Skinner, what logo was on the check allegedly received by the young woman, identified by the initials E.M.?

[Andrea Skinner]

I have not seen the cheque, sir. That's an operational matter.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Did that money come exclusively from Hockey Canada?

[Andrea Skinner]

Yes, it came from Hockey Canada. I'm sorry if I—

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Since you told my colleague that there were no other funds, how do you explain the existence of a fund, which has notably been shared equally within Hockey Canada for several years?

The documents submitted to the court in Alberta tell us, among other things, that the 13 member associations of Hockey Canada are signatories to an agreement to keep in place a second fund, known as the Participants Legacy Trust Fund. This fund will be used, among other things, to pay settlements for sexual assault and misconduct cases.

Will the financial statements to be received by the Minister include the amount of the settlement that is being paid exclusively by Hockey Canada or will there be any mention of money from other funds, including member association funds, that would have been used to pay this victim and that will possibly be used to compensate others at some point?

[Andrea Skinner]

To give you the best and most accurate information, that would be an appropriate question for operations. My understanding is that the second fund you refer to has never been used to pay out or to settle a claim. That's the participants legacy trust fund.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Hockey Canada has established risk management funds to cover various indemnities.

We know, among other things, that you will be subject to lawsuits, including a class action lawsuit brought by Mr. Daniel Carcillo and Mr. Garrett Taylor on behalf of players who were victims of sexual misconduct and abuse, a lawsuit brought by Mr. Kobe Mohr over contractual clauses that restrict accessibility to the sport, a lawsuit by James McEwan over the issue of sport safety and concussions, and a lawsuit, this time brought by, among others, Sam Berg over issues affecting players' minimum wages.

Have you also established funds to potentially manage these lawsuits, if necessary?

[Andrea Skinner]

I apologize; I think I may not have caught up with the translation. Would it be possible to repeat the question?

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

If I may, Madam Chair, I will rephrase my question.

Is this an insurer's strategy, or will a fund be set up to settle lawsuits, such as the one filed by Mr. Daniel Carcillo?

Has your board discussed the class actions at issue, including those related to sexual assault and initiation processes?

[Andrea Skinner]

I'm not quite sure I understand the question. There are lawsuits that are ongoing, and a number of those are being handled through Hockey Canada's insurer.

[The Chair, Liberal, Hedy Fry]

Thank you very much. I have given you extra time, Mr. Lemire, so we're ready to move on.

We have Mr. Julian for two and a half minutes, please.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Thank you, Madam Chair.

The refusal to provide information, for example around the cost of Navigator, is disturbing.

I believe we need to come back to the issue of the non-disclosure agreements.

I wanted to ask, Ms. Skinner, for the August 2 meeting, was the release from the non-disclosure agreements approved? How many non-disclosure agreements have allowed the victims or the signatories to the NDAs.... How many has Hockey Canada allowed to be released in the past year?

[Andrea Skinner]

I don't know the answer to that second question. I'm not aware of any, except I am aware of the release with respect to the 2018 settlement. The woman was released from the NDA in that context.

With respect to the August 2 consideration, my recollection is—I don't have the pinpoint in the minutes right now—that the board requested further information around the request for the release of the NDA, who it might affect and whether those people might be resistant to the release of the NDA. As you know, in legal proceedings or semi-legal proceedings, NDAs are often put in place for the benefit of more than one party.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Thank you.

I would appreciate your providing that information to the committee, as well as the cost of Navigator public relations. Please provide that to the committee as well.

I want to—

[Andrea Skinner]

Excuse me, I'm sorry to interrupt, sir. Just so I'm clear, what's the request?

[Peter Julian, NDP, New Westminster—Burnaby, BC]

For Navigator, how much is Hockey Canada spending on its public relations firm?

I'll move on to the Hockey Canada board minutes for the end of April. There was discussion around renewal of the directors' and officers' liability insurance program. In that discussion, I understand there was a deadline of September 20, 2022. Was there discussion of the horrific allegations coming out of 2018 and the horrific allegations that we've seen coming out of 2003?