Evidence of meeting #61 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 hockey.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Thomas Cromwell  Senior Counsel, Borden Ladner Gervais LLP, As an Individual

11:40 a.m.

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Thank you, Mr. Chair.

Given your experience with Hockey Canada and what you have gleaned about abuse in the world of sports, do you think that athletes would stand to gain from a judicial inquiry that would seek to create a safe and healthy sporting environment?

11:40 a.m.

Senior Counsel, Borden Ladner Gervais LLP, As an Individual

Thomas Cromwell

The decision to launch a commission of inquiry is one of public policy.

I have no expertise in that field and no opinion on the subject.

11:40 a.m.

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Did you sign a confidentiality agreement with Hockey Canada regarding certain issues?

11:40 a.m.

Senior Counsel, Borden Ladner Gervais LLP, As an Individual

Thomas Cromwell

Absolutely not.

11:40 a.m.

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Do you think sponsors were right to abandon ship?

11:40 a.m.

Senior Counsel, Borden Ladner Gervais LLP, As an Individual

Thomas Cromwell

With all due respect, it is not my place to give you an opinion on that.

11:40 a.m.

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Did you have access to all of Hockey Canada's financial statements? Did you check the transfer of funds, such as those between Hockey Canada and the Canadian Hockey League, as well as detailed transactions between the National Hockey League and Hockey Canada?

11:40 a.m.

Senior Counsel, Borden Ladner Gervais LLP, As an Individual

Thomas Cromwell

Mr. Lemire, it is obvious that I am not an auditor. I did not do any forensic auditing, as I stated earlier.

11:40 a.m.

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Do you think that that could be useful?

11:40 a.m.

Senior Counsel, Borden Ladner Gervais LLP, As an Individual

Thomas Cromwell

I requested the documents I needed to do my work within the framework of a governance review of the organization.

11:40 a.m.

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Do you think it would be useful to make these transactions public, that is to say to inform the various partners?

11:40 a.m.

Senior Counsel, Borden Ladner Gervais LLP, As an Individual

Thomas Cromwell

It would not have been relevant within the confines of my inquiry.

11:40 a.m.

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Mr. Chair, if you allow, I'm going to move a motion that was sent to all political parties. It reads as follows:

“That, as part of its study on safe sport in Canada, the committee study the directions and implementation framework for the Canadian Sport Policy Renewal (2023‑2033) from Sport Canada (Sport Information Resource Centre) that will come into effect in 2023...”

11:40 a.m.

Conservative

The Vice-Chair Conservative Kevin Waugh

MP Lemire, you can't move the motion. You haven't been subbed in.

11:40 a.m.

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Mr. Chair, could you please repeat that?

11:40 a.m.

Conservative

The Vice-Chair Conservative Kevin Waugh

You can't move the motion. You haven't been subbed in yet. According to the clerk, you haven't been subbed in.

We haven't heard from the Bloc on your replacing Mr. Champoux, actually. You haven't been subbed in.

11:40 a.m.

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Okay.

We will check that and get back to you.

11:40 a.m.

Conservative

The Vice-Chair Conservative Kevin Waugh

While you're trying to get that, if you don't mind, we have about 16 minutes. I know it's a hard stop for the Honourable Thomas Cromwell and his team.

We have two five-minute rounds for the Conservatives and Liberals. Plus we have the NDP for three minutes. I'm going to give you the extra time he had, Mr. Julian.

Is it fine if we just go around the table?

Tim, you'll get your chance.

Marilyn, you'll get your chance.

We'll go with the NDP right now. I'm eating your time, Peter. We'll start the clock fresh.

For two and a half minutes, we'll have MP Julian for the NDP. Go ahead.

11:40 a.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

You had said three minutes.

11:40 a.m.

Conservative

The Vice-Chair Conservative Kevin Waugh

I can afford that.

11:40 a.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Okay. Three and a half...?

11:40 a.m.

Conservative

The Vice-Chair Conservative Kevin Waugh

It's three minutes. I'm giving you half a minute too much.

11:40 a.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Thank you, Mr. Chair.

Mr. Cromwell, this is a sorry state of affairs. As you know, we are often hearing about crises in which Hockey Canada is involved.

Hockey is our national winter sport.

Today, an inquiry was launched in Drummondville about allegations of a violent sexual assault. Two former Drummondville players have already been found guilty.

When we read the reports on homophobia and racism with Hockey Canada, we're reminded of how huge the problem is.

We're seeing increased concerns around homophobia and racism. Some of the news articles that came out, in the last few weeks, have been profoundly disturbing.

I note, Justice Cromwell, that you flagged the issue of lack of diversity on the board of directors. You mentioned there isn't a lot of diversity. In fact, your figures are very compelling. Of the eight directors of the board who are stepping down, 87.5% are white. One of the directors identified as a member of the LGBTQ+ community, and one director is of South Asian descent. We have, on one hand, disturbing levels of homophobia and racism, and, on the other, a lack of diversity on the board.

Do you make a connection between the concerns so many people have raised around hate and discrimination expressed in hockey, through Hockey Canada programs, and the lack of diversity on the board?

11:45 a.m.

Senior Counsel, Borden Ladner Gervais LLP, As an Individual

Thomas Cromwell

I'm not sure I'd feel comfortable talking about some sort of causal connection.

However, I feel very comfortable saying a more diverse board would be much better equipped to deal with the realities being faced. Of course, as we all know, it's not simply a hockey or sport issue. We have racism, sexism and homophobia in our society at large, so it's a societal issue. What I feel very comfortable saying is, the breadth of diversity I recommend for the board would be better equipped to understand how to deal with those realities, in the context of the governance of an organization like Hockey Canada.

11:45 a.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Thank you for that comment.

On page 22 of your report, you mention Hockey Canada's mission statement, which is “A positive hockey experience for all participants, in a safe, sportsmanlike environment”.

Do you feel Hockey Canada has fulfilled that mission or mandate? If not, how critical are you of the fact that they haven't respected this fundamental mission or value?