Nicholson regrets not doing more to address off-ice misconduct at Hockey Canada

Former Hockey Canada president and chief executive Bob Nicholson told a parliamentary committee Tuesday he wished he had spent more time focusing on developing policies to govern the off-ice behaviour of hockey players playing for the organization’s sanctioned leagues and teams.

Nicholson, who was Hockey Canada’s top executive from 1988-2014, was asked by Liberal MP Anthony Housefather why the organization had no written guidelines about how its officials should manage sexual assault claims during his time in charge.

“I wish I could go back. I wish I could have put more policies in.” Nicholson said. “The policies came from the board – and I’m not deflecting that back to the board. I was the CEO, and I should have been encouraging more policies...it was something I would have liked to have done. I didn’t, and I’m sorry about that.”

NDP MP Peter Julian then asked about Hockey Canada’s practice of discussing matters related to sexual assault claims in camera, with no written minutes taken.

“You were aware that was a practice while you were CEO?” Julian asked.

“Looking back, sadly, yes. Too many in camera,” Nicholson said.

Tuesday’s meeting was the fourth held by members of the Standing Committee on Canadian Heritage focusing on Hockey Canada’s historical response to allegations of sexual assault.

MPs remarked that both Nicholson, who is the current CEO of Oilers Entertainment Group and Pat McLaughlin, Hockey Canada’s senior vice-president of strategy, seemed to be willing to be more transparent and conciliatory than other Hockey Canada officials had been with previous testimony.

Julian criticized those past appearances before the committee, calling them “disastrous” in eroding the public’s confidence in the organization.

“The only way out is for Hockey Canada to come clean and to be transparent,” Julian said. “My first question today is the same question that I asked back on Oct 4. That is regarding Navigator, the public relations firm that seemingly provided the advice around Hockey Canada stonewalling and refusing to answer questions. I’d like to ask you whose decision it was to hire Navigator, and will Hockey Canada finally come clean and tell us how much of the public’s funds have been spent on Navigator for public relations?”

McLaughlin said Hockey Canada first met with Navigator on July 4 and hired them four days later. So far, Hockey Canada has paid the firm $1.6 million, McLaughlin said.

“Hockey Canada staff were directed by the board in early July to contact Navigator…they started to do work with Hockey Canada on July 8,” McLaughlin testified. “I can tell you that this is not a communications exercise that they’ve been involved with. This has been about, as you have said, transparency. They’ve given the board significant advice in terms of governance. They’ve helped us in terms of trying to find prominent Canadians to be part of our action plan and the oversight committee. They’ve also helped us on a day-to-day basis to work with the media.”

McLaughlin said Hockey Canada estimates the loss of corporate sponsors has cost the organization as much as $24 million since TSN broke the news on May 26 that Hockey Canada had settled a sexual assault lawsuit allegedly involving World Juniors players.

In a lawsuit filed in London, Ont., a woman referred to in court documents as “E.M.” alleged she had been sexually assaulted in a London hotel in June of 2018 following a Hockey Canada golf and gala event by eight former Canadian Hockey League players, at least some of whom were members of Canada’s 2018 World Juniors team.

Conservative MP Kevin Waugh asked Nicholson when he first became aware of allegations about a sexual assault involving the 2003 World Junior team during that year’s World Juniors tournament in Halifax.

TSN reported on July 22 that Conservative MP John Mater, a committee member, had been contacted by a source who told him they and two other people had watched a video showing more than a half-dozen players on the 2003 World Junior team sexually assaulting a woman who was naked and non-responsive. TSN spoke with each of the three witnesses about the alleged video.

Nicholson said he heard about the allegation 15 days earlier.

“The rumour was conveyed to me by a media person on July 7 at the draft in Montreal,” Nicholson said. “That was the very first time that I heard anything about the 2003 incident.”

Nicholson added he has not been contacted by Halifax police, who have opened an investigation into the alleged assault.

“Let me say up front that the allegations about the incident at the 2018 gala and the 2003 World Junior tournament are an outrage,” Nicholson told the committee. “That kind of conduct has no place in our game, or our society. I hope both cases are investigated fully, and that justice is done.”

Nicholson was also asked about the three reserve funds Hockey Canada has maintained to potentially use to pay uninsured liabilities, including sexual assault settlements.

“I was the CEO, but that area was really left to our insurance people,” Nicholson said. “We also had a committee that oversaw the insurance programs, as well as some expertise. All of that came to me, but I was not day-to-day hands on to that.”

Nicholson, who was Hockey Canada’s top official in the late 1990s when former junior players, including Sheldon Kennedy and Theoren Fleury, came forward to say they had been sexually assaulted by their former junior coach Graham James, also said he didn’t know how many non-disclosure agreements had been signed in connection with alleged sexual assaults.

“I can’t tell you the exact number of NDAs that were signed,” he said. “I know that where there were payouts there were NDAs signed under the Graham James situation. There have been others that are there from staff in the past.”