Evidence of meeting #66 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 athletes.
A recording is available from Parliament.
Conservative
Marilyn Gladu Conservative Sarnia—Lambton, ON
Even if it's not public.... I have a situation in my riding. There was a gymnastics coach who was sanctioned to not be able to go to any tournaments or to coach again, but he has moved on to other provinces. It has been reported up through Gymnastics Canada, which has done nothing about it.
If Gymnastics Canada becomes part of OSIC and signs on to that, will it then be able to complain and have actions taken by OSIC to either bring it forward or somehow bring consequences?
Commissioner, Office of the Sport Integrity Commissioner, Office of the Sport Integrity Commissioner
The factors to determine whether OSIC can look into a particular matter are, first, that it needs to be a matter related to maltreatment, discrimination or another prohibited behaviour.
Second, as you mentioned, the organization needs to be signed on to the OSIC.
The third point—which is one that is sometimes a little more tricky and speaks to the gaps in the system currently in how we need to move forward—is around the status of the participant. The person who is alleged to have committed the violation is truly, for lack of a better word, the anchor point of that jurisdiction. The status of the alleged victims, survivors and the people impacted is not determinative. The respondent—the person who is alleged to have committed the violation—needs to be under the authority of the signatory organization for OSIC at least to have the ability to look into the matter.
If we don't have the ability, we at least need to know that there is another place that can help the person who came forward, and we can accompany them and empower them to be in a place where they can get the help needed.
Conservative
Marilyn Gladu Conservative Sarnia—Lambton, ON
I think this is very good.
Let's say you have 17 incidents and you investigate them. Who sees that? Does Sport Canada get to know about it? Does the minister get to know about it? What's the escalation chain?
Commissioner, Office of the Sport Integrity Commissioner, Office of the Sport Integrity Commissioner
Thank you. That's a great question.
This is one small thing for clarity. I know you mentioned independence. It is so important to the athletes in building that trust and that confidence. I want to clarify that investigations are not performed by our office; they are performed independently by independent investigators. The parties—the people who come forward—have an opportunity to raise a concern if they are not comfortable for reasons of conflict, let's say. That's a small clarification.
In terms of the information shared, of the people who come to OSIC, the one thing we hear over and over from athletes is that they want a safe place. They want a place where they don't have a fear of reprisal. For that, we need to ensure that whenever they come to us, we're able to address their matter with confidentiality.
Confidentiality doesn't mean that they cannot speak about what has happened to them. That's completely different. We're not sharing information about specific cases with anybody outside of the OSIC. We're not sharing with anybody at the SDRCC and not with anybody at Sport Canada.
However, we're committed to transparency in our operation, which is why you will have seen our quarterly reports, for example. We're trying to provide a balance of data that is helpful and advance the conversation on safe sport, yet we cannot compromise the commitment we've made to those who come to us to have their matter heard safely. That means protecting their confidentiality as well.
Conservative
Marilyn Gladu Conservative Sarnia—Lambton, ON
Very good. Thank you.
I think that's the end of my time.
Liberal
The Chair Liberal Hedy Fry
Yes, you're right. That was very well done, Ms. Gladu.
We'll now go to the Liberals and Chris Bittle for five minutes.
Liberal
Chris Bittle Liberal St. Catharines, ON
Thank you very much, Madam Chair.
I'll start with a bit of a comment, because I'm a bit disappointed.
We've engaged in this study for a while now, and it has been non-partisan, but here have been some worrying comments from the Conservative Party blaming, oddly enough, the federal Minister of Sport for the inaction by the provinces. There's now this suggestion of a lack of independence, so I'll start my questions there.
How do you respond to the notion that you're not independent or that your independence is questioned?
Commissioner, Office of the Sport Integrity Commissioner, Office of the Sport Integrity Commissioner
I understand the athletes' perspective, or the importance that's been placed on independence. That was the very reason that our office was created: It was because there were so many issues in the past. We talk about the culture of silence. We talk about issues being dealt with within sport organizations themselves and how that has not been the proper way to address matters, so I can completely understand the perspective and the need for independence.
In my role, I report only to the athletes and to the people of the sport community that we're meant to serve. My office and I are only reporting to the athletes and the people of the sport community. We put every safeguard in place to make sure we protect that functional independence, because it is so important.
I know trust is not something you have but something you earn, and I'm hoping we'll earn the trust of the athletes through our actions.
Liberal
Chris Bittle Liberal St. Catharines, ON
Thank you so much.
Just to be clear, even though funding does come from the federal government, you receive no direction from federal government officials, the minister's office, or anything like that. Could we maybe compare it to the fact that the federal government pays the salaries of judges or RCMP officers, and they remain independent in their actions?
Commissioner, Office of the Sport Integrity Commissioner, Office of the Sport Integrity Commissioner
I'm less familiar with the judiciary and how the funding model goes, but that is.... As you said, there is absolutely no visibility, direction or interference whatsoever with anyone outside of the OSIC, near or far, in funding or otherwise. We are making those decisions and operating at all possible levels of independence.
Liberal
Chris Bittle Liberal St. Catharines, ON
Thank you so much.
You mentioned the suggestion for subpoena power. Have you received reports of a lack of co-operation from potential people under investigation?
Commissioner, Office of the Sport Integrity Commissioner, Office of the Sport Integrity Commissioner
That's a very good question, and one that's helpful to clarify, because when organizations and their participants are under the OSIC, they have to co-operate, and we have the means to enforce that co-operation vis-à-vis the sport organizations and their participants.
This issue of limitations has been brought forward by groups of athletes. Our ability to require co-operation in our processes from organizations and individuals who may not currently be under the authority of the OSIC was indeed an important limitation. In cases in which it would be important for witnesses to appear and for documents to be provided so that we could get the best clarity possible in terms of what's going on, those additional measures would make for a stronger process.
Liberal
Chris Bittle Liberal St. Catharines, ON
Thank you so much.
Could you expand on the privacy issues you mentioned in relation to the sanctions registry?
Commissioner, Office of the Sport Integrity Commissioner, Office of the Sport Integrity Commissioner
It relates to privacy law across our various jurisdictions in the country, both federally and provincially and territorially. The model that we currently would like to adopt is the one that the U.S. Center for SafeSport has in terms of maintaining a publicly searchable registry of individuals who are under sanctions.
The U.S. Center for SafeSport has that currently, and our understanding is that it was made possible because the creation of that registry was mandated statutorily.
Liberal
Chris Bittle Liberal St. Catharines, ON
Very quickly, don't these privacy issues still come up, even though NSOs signed up and agreed to participate?
Commissioner, Office of the Sport Integrity Commissioner, Office of the Sport Integrity Commissioner
That's correct. Making the information publicly available to a large public goes beyond what is currently possible.
Liberal
The Chair Liberal Hedy Fry
Thank you very much, Mr. Bittle.
We'll now go to the Bloc Québécois.
Sébastien, you have two and a half minutes.
Bloc
Sébastien Lemire Bloc Abitibi—Témiscamingue, QC
Thank you, Madam Chair.
Ms. Pelletier, are the Canadian Hockey League or its affiliated leagues, that is, the Quebec Major Junior Hockey League, the Ontario Hockey League, the Western Hockey League, as well as Hockey Canada, members of the OSIC at this time?
Commissioner, Office of the Sport Integrity Commissioner, Office of the Sport Integrity Commissioner
Hockey Canada is a member of OSIC, but none of the other organizations you mentioned are.
Bloc
Sébastien Lemire Bloc Abitibi—Témiscamingue, QC
Yet they had committed to it before this committee, at a meeting in July. I want to point that out to you. To that end, we could look at the minutes of the committee.
Does this mean that players playing in these leagues are covered by OSIC?
Commissioner, Office of the Sport Integrity Commissioner, Office of the Sport Integrity Commissioner
I don't know about the individual players. Today, in order for a player or any other participant to access OSIC services, in hockey—as that's the sport you mention—they have to be under the authority of Hockey Canada. So it's difficult to answer. On the other hand, if the player or the participant is under the authority of another organization or structure, he or she will not be covered by OSIC.
Bloc
Sébastien Lemire Bloc Abitibi—Témiscamingue, QC
If I understand correctly, it is the nature of their organization that determines whether they are covered or not. So they are not.
OSIC is also under the umbrella of the Sport Dispute Resolution Centre of Canada, the SDRCC, some of whose members are appointed by the minister and come from the sports federations. I'm thinking of Nick Lenehan, who is also on the board of Gymnastics Canada. I find it a bit peculiar that an athlete from Gymnastics Canada has to go to your organization.
Would athletes have more confidence if your organization were completely independent, much like the Office of the Auditor General or, of course, judges, to give my colleague a nod?
The fact that you were given the power to force federations to provide access to all of their data for your investigations makes me see your office as an athlete's ombudsperson.
Could your mandate be expanded, in your opinion?
Commissioner, Office of the Sport Integrity Commissioner, Office of the Sport Integrity Commissioner
I want to reiterate how important it is to ensure independence. The structure of the SDRCC and its governance is prescribed under the Physical Activity and Sport Act. So it is difficult for me to comment on that.
On the other hand, if recommendations were to emerge from the work of the various committees and serve to increase confidence as well as measures regarding independence, the OSIC would absolutely listen.
Liberal
The Chair Liberal Hedy Fry
Thank you. Your two minutes and 30 seconds are up.
I'm now going to the New Democrats and Peter Julian. Peter, you have two and a half minutes.