Hockey Canada terminates non-disclosure agreement with sexual assault complainant

Hockey Canada filed a high-profile gang sexual assault complaint in 2018 involving eight hockey players , including some members of the World Junior Team. We have withdrawn the non-disclosure agreement for . , CBC News learned. 

Plaintiffs' attorney Rob Talach released her from a contract barring Hockey Canada from contacting her July 22 client and publicly disclosing information about the case. He said he asked if he wanted to. 

"It's commendable that they said they thought it was fair only in the context where things were unfolding publicly," Tarak said in an interview with CBC News. 

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The non-disclosure agreement (NDA) was formally withdrawn a day before Hockey Canada executives testified before a congressional committee on July 27 to investigate the organization's handling of sexual assault cases. 

Hockey Canada President Scott Smith faced questions from his MP about his NDA at the committee. NDP MP Peter Julian urged him to release complainants where necessary as "victim silence" and a "culture of silence" perpetuate.

"If they want to eliminate them, I don't see why they wouldn't, unless there's a legal reason I'm not aware of." "Our number one priority is to help victims." Other settlements involving sexual assault allegations also used non-disclosure agreements, according to Vice President Glen McCurdie.

In addition to the 2018 lawsuit, Hockey Canada paid 21 petitioners her $8.9 million since 1989.

Rob Talach alleges gang sexual assault involving some members of his junior team at Canadian Worlds in 2018 Attorney representing the plaintiff. (James Chaarani/CBC)

Hockey Canada clarified Monday that not all settlements used nondisclosure agreements. 

"In some cases, there is a sole confidentiality condition regarding the amount of the settlement, which is generally included in nearly all settlements of all claims in Canada, including sexual abuse allegations. There was…,” writes Hockey Canada. Statement to CBC News. The 

Hockey Canada controversy put a new spotlight on his NDA issues common in settling lawsuits. There are growing calls from some supporters to ban them in cases related to sexual assault. 

P.E.I. Became the first state to limit the use of pacts to stop silencing victims of cheating. Some legal experts and legislators argue that NDAs protect institutions and perpetrators, drive allegations underground, and keep cultural issues going.

Hockey Canada to address public outrage over handling of sexual assault allegations and use of special fund (partly made up of registration fees) to pay legal settlements We are therefore in the midst of a crisis. Sponsors have dropped their support, the NHL is investigating, and police have launched a new investigation into another of her 2003 gang-rape cases.

Public controversy began after Tarak's client filed a $3.5 million lawsuit against him in April 2018. The lawsuit alleges that eight of her hockey players, including members of her junior team at the Canadian Worlds, sexually assaulted, humiliated, and degraded her in a hotel room in London, Ontario. said to have hurt 

The hockey player brought golf clubs to his hotel room, threatened him further, and showered the woman after sexually assaulting him, according to an unproven allegation statement in court. She said she was sober while they recorded the consent video.

Complainants feared joining the "public space." I agree to pay the amount. 

Talach revealed new details to her CBC News on Monday about the client's non-disclosure agreement. He said the contract includes a "communication plan" for clients to "say what they want". The agreement allowed Tarak to make a written statement in line with her wishes. 

"She didn't want to be part of the media, and she didn't want to be part of this discussion in public," she said. told CBC News.

Glenn McCurdy, vice president of Hockey Canada and her president, said the organization could be sued by the alleged victim. said it is investigating the level of risk of potential lawsuits. (CBC)

He said that a mutual non-disclosure agreement was required because from the beginning his client was "absolutely unwilling to put him in public view." His client also chose not to name the hockey players involved in her lawsuit. 

He said there were no legal non-disclosure agreements that prevented him from reporting crimes to the police. 

"Money can't get you out of a criminal investigation," he said. "The NDA also cannot prevent you from discussing your case when seeking medical, counseling, or financial advice. These are typical exceptions."

Other requests for release

The complainant at the center of the case made his first public statement to The Globe and Mail last week and said he has felt "vulnerable and unsafe" ever since. rice field. May when her allegations became public. 

The woman wanted to set her record straight about the inaccurate information that continued to be reported in the media about her case, she said, Talach said. rice field.

Talach said in a statement last week that despite his hockey saying Canada was not initially 74} has always fully cooperated. 

CBC News asked Canada whether petitioners have come forward and asked Canada to withdraw its non-disclosure agreement since executives testified last month. 

Hockey Canada has stated that since July 29, "Complainants who have received the settlement have not requested release from the confidentiality terms of the settlement agreement."

"As previously stated, upon request, Hockey Canada will cooperate to support the wishes of victims," ​​Hockey Canada said in a statement.

Have articles and news tips about the Hockey Canada scandal. Email confidentially to ashley.burke@cbc.ca


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