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Callers reporting misconduct to helpline were referred to law firm chosen by Hockey Canada

Callers reporting misconduct to helpline were referred to law firm chosen by Hockey Canada

CBC
Tuesday, August 16, 2022 12:44:15 AM UTC

For the last three years, callers to the federal government's Canadian sport helpline who wanted to report bad experiences in hockey were referred to either a law firm or an insurance claims adjuster chosen by Hockey Canada, CBC News has learned.

When the telephone service launched in March 2019, Sport Canada collated a list of contacts provided by national sport organizations so that the helpline's operators could refer callers to resources available for their respective sports.

Marie-Claude Asselin, the director in charge of the helpline, told CBC News that, until recently, Hockey Canada provided two potential contacts for callers that wanted hockey complaints investigated: Henein Hutchinson, a firm that specializes in criminal defence cases and civil litigation; and Crawford and Company, which offers insurance loss adjustment services.

Danielle Robitaille, a partner with Henein Hutchinson, appeared before the Commons heritage committee on July 26 to discuss an investigation she was retained by Hockey Canada to conduct into allegations of a group sexual assault by members of the 2018 world junior team in London, Ont.

She told the committee several times that she could only discuss the parts of her work that were not covered by solicitor-client privilege. But when asked, Robitaille told MPs that this 2018 investigation was the first mandate her firm had received from Hockey Canada.

Now, hockey officials are confirming it wasn't the last. When a helpline to assist victims of mistreatment was set up by the federal government the following spring, this law firm continued to be Hockey Canada's go-to investigator.

"As part of the safe sport helpline, participating [national sport organizations] are required to recommend independent investigators for the program," Hockey Canada said Monday in a statement to CBC News.

"Hockey Canada originally recommended Henein Hutchison in 2019 but has since replaced that recommendation with our new independent third-party (ITP) complaints process."

"As Ms. Robitaille explained when she testified before the Standing Committee on Canadian Heritage on July 26, when her firm conducts independent investigations, there are no limits to her independence," the statement continued. "Both Hockey Canada and Henein Hutchison take that independence very seriously to ensure that the investigation is arm's-length and free of bias."

Glen McCurdie, Hockey Canada's former vice-president responsible for insurance and risk management, told MPs on July 27 he was "confident" in the firm.

"I recognized the name and felt comfortable using a firm we had not retained before as they had no preconceived knowledge of Hockey Canada or its operations," McCurdie told MPs. "They were starting from the ground level in that regard."

Robitaille conducted a limited investigation into the June 2018 assault allegation and submitted an interim report with 11 recommendations that September. She told MPs she could not interview all of the players involved that summer because she did not have a statement from, or an opportunity to speak with, the complainant to learn of her exact allegations, so she put her investigation on hold.

The sport helpline was established the following March.

Since a TSN investigation first reported that Hockey Canada paid a financial settlement to the young woman to whom Hockey Canada acknowledged "harm was caused" in the 2018 incident, Robitaille's investigation has been reopened, as well as a police investigation.

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