CHPC Committee Report
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COMPLEMENTARY REPORT ISSUED BY THE BLOC QUÉBÉCOIS
"What athletes are asking for is an independent public inquiry into abuse in sport, so that their voices can be heard, and concrete solutions can emerge from this process. The Trudeau government made this commitment last May, but has yet to follow through, preferring to play with words and create mechanisms that are far removed from the simple, clear demand of the sporting community: an independent, public inquiry, now! The independent commission that the Minister announced today is a voluntary process that does not oblige anyone to testify or obtain documents from the various sports federations or the Ministry itself, unlike a true independent public inquiry", Sébastien Lemire, MP for Abitibi-Témiscamingue, December 11, 2023.
HOCKEY CANADA, A CASE OF INACTION FROM THE START, NEGLIGENT LEADERSHIP, AND COVER-UP!... THE TOXIC CULTURE POISONS SPORTS!... A PUBLIC INQUIRY INTO ABUSE AND MISTREATMENT IN SPORTS MUST BE LAUNCHED - SO WE CAN PIVOT AND CHANGE COURSE!
Over the past two years, we have conducted this study with determination and humility, in collaboration with several colleagues from all parties. Although many, both within and outside the Canadian sports movement, have described our mandate as a significant challenge, we believe we have succeeded in achieving our goal thanks to the extraordinary efforts of everyone involved. This success is notably since parliamentarians were able to utilize their powers to summon and compel the transmission of documents.
Let us remember that this study led to the departure of several senior executives from national sports organizations in Canada, as well as several members of their boards of directors. The committee allowed athletes to be heard, to speak freely, and to be understood, thereby fostering profound change in our society.
Several athletes contributed their expertise and many years of experience within the Olympic Movement, its institutions, and its practices. We also wish to express our deepest gratitude to the elite athletes for sharing their stories, thus inspiring our approach. Their courage and determination to make their voices heard have been essential in ensuring that abuse in sports is recognized and addressed seriously. Thank you to them for their invaluable contribution to this vital cause.
The staff who supported us accomplished remarkable work, ensuring a thorough and comprehensive study despite limited time and resources. We are grateful for their tireless efforts, of which this report is a testament.
We also wish to thank the members of Parliament who unanimously supported the following motion of the Bloc Québécois motion of June 22, 2022:
“That the House call for an independent inquiry into Hockey Canada's handling of the events of June 2018, in order to determine whether this was an isolated event or whether there are deficiencies in Hockey Canada's handling of reported complaints of sexual assault, sexual harassment and other types of misconduct.”
Which mandated the Standing Committee on canadian heritage (CHPC) to investigate the alleged incidents reported by journalist Rick Westhead, involving major junior-level players from Team Canada 2018, Hockey Canada, and the Canadian Hockey League (CHL). This led to the broader study on abuse and mistreatment in other national sports organizations, including Gymnastics Canada, Soccer Canada, Fencing Canada, Sailing Canada, Skate Canada, and several other disciplines.
The main recommendation of this report, now adopted by the Standing Committee on canadian heritage (CHPC), remains the call for a public and independent inquiry into sports, particularly regarding why athletes have not been supported in the process of lodging complaints against their abusers and why these abusers operate with impunity; and to examine the actions (or lack thereof) of national sports organizations and Sport Canada. The Government of Canada should initiate this inquiry in accordance with Part I of the Inquiries Act.
It would be crucial to include in this inquiry quasi-governmental multisport organizations such as the Canadian Centre for Ethics in Sport (CCES) and the Sport Dispute Resolution Centre of Canada (SDRCC), as well as marketing entities like the Canadian Olympic Committee (COC). We should examine the close ties they have with the "Own the Podium" program and Sport Canada. The "win at all costs" strategy has exposed the abuse suffered by athletes and its detrimental effects on the overall development of sports, which no longer has a place in the Canadian sports system. The inaction and lack of willingness to implement necessary reforms are concerning.
In response to a question, asked during the study of the committee meeting of December 12, 2023, regarding the reasons for her refusal to introduce a bill in previous terms and her current term, Minister Qualthrough replied: "I choose not to do so." Another admission from this same minister: "You know, Kristen Worley's case was very difficult. I perhaps should have intervened more. I think that's all I can say about that. I apologize if I should have done more."
Why then? What is being concealed? Why was the safety of athletes and children not prioritized? These are some reflections on other avenues to explore in future work.
ATHLETES DO NOT TRUST THE COMPLAINTS MANAGEMENT MECHANISMS.
Athletes openly criticize the inequalities in terms of safety and believe that the system facilitates the concealment of violations that threaten the safety of athletes and other participants. The report raises several important concerns regarding how the federal government has integrated human rights, entrusted investigations management, and established reporting procedures. Broadly speaking, it addresses persistent challenges related to a lack of trust, confidentiality, and governance.
With justification, athletes have identified that the government allows sports organizations to operate outside the Canadian judicial system. As a result, the "Bangalore Principles of Judicial Conduct" and United Nations resolutions, which emphasize fundamental values such as independence, impartiality, integrity, and equality, are not fully integrated. It is impossible to guarantee fair and effective access to justice for athletes.
Several experts have identified, as a significant challenge, the lack of experience and competent professionals within the Office of the Commissioner for Sport Integrity (BCIS) in investigations, support systems, reporting mechanisms, and governance reviews. The report highlights that the lack of specific and relevant qualifications can compromise the entities' ability to effectively handle cases of misconduct. Gaps in these areas compromise the credibility and effectiveness of redress processes. It is imperative to engage specialized professionals in human rights, sports governance, and ethics to ensure a fair process that respects the rights of all participants.
Another point raised in the report concerns potential conflicts of interest within these entities related to national sports organizations. Moreover, potential conflicts of interest can compromise the objectivity and impartiality of investigations and redress processes.
Unfortunately, the changes imposed by the federal government over the past two years do not adequately address the demands made to impose sanctions on wrongdoers in sports. The gaps in the system have had serious consequences, notably creating an atmosphere of impunity where perpetrators of abuse or mistreatment are not properly held accountable for their actions – which discourages victims from reporting abuse for fear of not being heard or taken seriously.
We have heard from the victims that the process is retraumatizing. The system that has been developed forces everyone to go through a very lengthy arbitration process, with multiple possibilities for appeals. This gives the respondent more rights than normally exist in an employer-employee relationship, and the process involves more steps than even a criminal trial.
Recommandation:
That the federal government take note of the public's loss of confidence in its "Sport Safe/Safe Sport" program, particularly due to its growing backlog of cases, unresolved cases for extended periods, and a policy of administratively closing many cases; and recognize the need for more efficient and transparent case management to restore stakeholders' trust.
That the federal government acknowledge that the way in which the SDRCC and the BCIS have conducted themselves has harmed the credibility of abuse and mistreatment case management, and has had a deterrent effect on athletes from coming forward to lodge complaints.
That the federal government reflect on how the lack of clarity in the code regarding abuse and mistreatment can make it difficult to determine appropriate actions to take in case of an incident. Vague or ambiguous definitions of inappropriate behavior can lead to varying interpretations and inconsistent decisions in handling complaints.
That the federal government assures us that the necessary resources will be allocated to a complaints process, including trained personnel to conduct thorough and impartial investigations. Furthermore, it is crucial to clarify and specify the rules and procedures regarding abuse and mistreatment, so that stakeholders can act consistently and fairly when handling complaints.
The fact that resistance is still perceived within the sports system is a sign that not everything is set in stone and that there is still a long way to go. This requires a firm commitment from sports organizations, regulatory authorities, and stakeholders to establish robust mechanisms for prevention, reporting, and responding to incidents in order to ensure a healthy and respectful sports environment for all.
Nevertheless, we have been deeply concerned by the fact that a key accountability process towards the public seemed, for Sport Canada, to be - at best - an undesirable burden.
Despite repeated requests, the Minister of Sport did not appear before the Committee to answer questions about current sports policy and explain why Sport Canada was unable to unveil a new sports policy in February 2023. It is difficult to imagine real change when conversations take place behind closed doors.
THE TOXIC CULTURE OF SPORTS, AS WE KNOW IT TODAY, IS STRONGER THAN THE WILL TO TRULY CHANGE THINGS!
The federal government's abrogation of state responsibility in the realm of sports raises significant concerns. State responsibility in the governance and operation of a country is a fundamental notion that encompasses various areas such as protecting citizens' fundamental rights, promoting equality and social justice, public safety, managing national resources, and ensuring the general well-being of the population. This also entails implementing effective policies and measures to address the needs and challenges faced by society as a whole, while ensuring transparency, accountability, and integrity in the actions taken by government institutions. State responsibility is therefore essential to ensure the proper functioning of a nation and the respect for the rights and interests of its citizens. Legally, there is no one to enforce consequences against those who did not act when they should have. It is the government's responsibility to consider the necessary legislative changes.
Recommandation:
That the federal government respond to the call to action from national athletes to fully implement and assume state responsibility regarding matters concerning sports, and commit to ensuring that issues related to abuse and mistreatment in sports are not sidelined compared to other social or political issues deemed more urgent.
That the federal government should send a clear message to the sports ecosystem: the autonomy of sports in its current form will be examined. This colonial and Eurocentric vision is no longer a priority and must be pivoted to prioritize the activation of its population and implement a more humane and respectful vision of athlete well-being.
That the Auditor General of Canada should be mandated to examine the extent to which charitable organizations receiving funds from Sport Canada comply with program requirements and how they report on achieving their objectives. She should report on the use of these funds and review sole-source contracts with researchers from different universities. She should also provide an opinion on how the funds are distributed among provinces and territories.
That the federal government should acknowledge that it should have done more when informed about cases of abuse and mistreatment. There is still much to put in place to have a system that is adequate for athletes; it must propose a renewed legislative framework to ensure a healthier, more respectful, and positive sports environment where athletes can thrive without experiencing degrading treatment or inappropriate training.
SPORT CANADA HAS NOT FULFILLED ITS RESPONSIBILITIES FOR MONITORING SPORT PROGRAMS - OTHERS ARE TAKING ON SEVERAL PUBLIC RESPONSIBILITIES ON THEIR BEHALF
The report also highlights the need for transparency and accountability in sports governance, particularly regarding governance audits, reporting mechanisms, and responses to systemic issues. Robust governance and independent audits are essential to ensure ethical operations, protection of human rights, and prevention of manipulation and abuse in sports.
Recommandation:
That the federal government should entrust the Auditor General of Canada with the responsibility of conducting periodic audits of national sports organizations, using independent reviews of governance and audits to identify and address organizational and structural gaps within these organizations.
The report highlights specific concerns related to the hiring of key executives within the Office of the Commissioner for Sports Integrity (OSIC) and the Canadian Sports Dispute Resolution Centre (CSDRC). Criticisms are focused on the lack of democratic procedures in the hiring process, with appointments that appear to have been made without competitive or transparent processes involving the Government of Canada, Canadian Heritage, or Sport Canada. These practices raise concerns about the legitimacy and transparency of appointments, as well as the relevance of the qualifications of the appointed executives for their respective roles. This issue is found across all multisport organizations and most likely at all levels throughout the sports ecosystem.
Recommandation:
That the federal government mandates national sports organizations to implement a public and competitive hiring process, thus ensuring transparency, legitimacy, and professional competence of their executives.
Over the past twenty years, the federal government has delegated many of its functions to sports charities. Organizations such as "Sport for Life" or the "Canadian Tire Jumpstart Charities," among others, have aligned their brand with that of sports. These organizations have taken on the traditional role of the government in promoting positive values in sports practice. The government has delegated to others the responsibility of promoting fairness and equality for all. Since these organizations do not report on the effectiveness of their initiatives, it is impossible to measure whether they are fulfilling the public responsibilities entrusted to them. The challenge for these organizations is that they rely on donations and government grants. As a result, they often escape scrutiny and accountability for their activities.
Recommandation:
That the Auditor General examine charitable organizations in sports funded by Sport Canada and provide an opinion on their funding, including disclosure of donation sources, whether they are used efficiently, and in accordance with philanthropic goals.
No independent evaluation of sports governance conducted by qualified professionals has been carried out for Canadian sports entities, raising concerns about transparency and the effectiveness of governance practices. This absence hinders a thorough assessment of progress and challenges in governance, professionalism, and risk management within these entities.
Recommandation:
That the federal government strengthens oversight to ensure transparency, accountability, and consistent law enforcement at all levels. Without sufficient public scrutiny of organizations funded by Sport Canada, the government will not be able to ensure that these organizations fulfill the public responsibilities entrusted to them.
FOREIGN INTERFERENCE BY THE INTERNATIONAL OLYMPIC COMMITTEE (IOC), A CONCERN FOR MANY NATIONS, INCLUDING CANADA
We also wish to highlight the challenges posed by the interference of the International Olympic Committee (IOC) in Canada's sports policies and legislation. The inherent conflicts of interest in this situation have been a major concern. In order to preserve the independence and autonomy of national decisions in sports, the federal government will need to promote the strengthening of ethical and transparent practices.
As a major player among the signatory countries of the Olympic Movement, Canada finds itself navigating complex dynamics. This involves balancing its commitments to the IOC with the need to preserve the integrity of the Olympic Movement. Authenticating this movement is crucial as it ensures that the values of sportsmanship, competition, and fair play are upheld despite external pressures.
The strategic ambition in global sports towards the BRICS+ group highlights a shift in global influence within the sports arena. BRICS+, including Brazil, Russia, India, China, South Africa, Egypt, Ethiopia, Iran, and the United Arab Emirates, has emerged as a formidable geopolitical bloc. The influence of this group extends beyond the economy and politics to sports, challenging the traditional dominance of Western countries in global sports governance. As BRICS+ nations heavily invest in sports infrastructure and events, their impact on the international sports landscape becomes increasingly significant.
In this context, the term "dictatorship countries" often describes nations with authoritarian regimes where power is centralized and individual freedoms are limited. The presence of such countries in influential groups like BRICS+ raises concerns about the possibility of autocratic principles infiltrating global sports governance. The IOC, which upholds principles of democracy and fairness, faces the challenge of navigating these complex political landscapes while maintaining its core values.
Canada, however, finds itself caught in the complexities of the Olympic Movement, particularly due to the pervasive interference of the IOC in its national sports policy. This interference often compromises Canada's ability to independently implement policies that align with its own values and priorities, which has been successfully challenged in the Canadian judicial system, outside of the protection of the autonomy they heavily rely on. The imposition of external directives by the IOC can hinder the development of a unique Canadian approach to sports governance, highlighting the need for the IOC to respect national sovereignty and allow countries to develop their own sports policies without undue influence.
The presence of the IOC in funding the World Anti-Doping Agency (WADA) by 50% and operational control every other Olympic cycle, funding safe sport hubs globally, and the lack of expertise in the current safe sport structure in Canada are significant issues.
Furthermore, perceived conflicts of interest in the current safe sport program further complicate the situation.
These factors collectively underscore the many reasons why Canada should consider withdrawing from the Olympic Movement. The heavy involvement of the IOC in these areas not only compromises the autonomy of Canadian sports policy but also raises questions about the effectiveness and impartiality of these initiatives.
By withdrawing from the influence of the IOC, Canada will be able to develop and implement policies that truly reflect its national priorities and ensure a fair, transparent, and autonomous sports environment. This decisive action will enable Canada to protect its athletes, promote sportsmanship beyond the autonomous Olympic Movement system, and contribute to the global sports community on its own terms, ensuring higher participation rates at all levels of play, creating measurable sports opportunities that reflect Canada's integrated diversity, which will result in enriched experiences, increased individual and local community activation, as well as long-term health and well-being for all.
CHALLENGES AND SOLUTIONS FOR QUEBEC SPORTS
Interference in Quebec's jurisdiction over sports is a major concern for the province. Indeed, the federal government sometimes tends to overstep provincial prerogatives by imposing policies and programs that encroach on Quebec's jurisdiction. This creates tensions and friction because Quebec wants to preserve its autonomy in managing its sports infrastructure, development programs, athlete support, and promotion of its distinct sports culture. Such interference can hinder the full flourishing of Quebec sports and compromise local efforts to promote sporting excellence while respecting the particularities of Quebec society.
Some recommendations from this report have been adopted by the majority of the members of the Committee, but we believe that the thinly veiled intention of the federal government is to interfere in an area where Quebec has clearly taken the lead and developed cutting-edge policies and mechanisms.
In the division of jurisdictions, the federal government is responsible for certain key competencies such as national defense, foreign affairs, and internal security. Provinces and territories are responsible for competencies such as education, health, and recreation. Responsibility for sports is shared between the federal government and provincial and territorial governments.
The financial realities of provinces and territories vary from one another. This results in some facing more significant budgetary constraints than others, limiting their ability to invest in sports infrastructure, development programs, and athlete support. Additionally, political priorities may differ among different levels of government. Some governments may prioritize funding for sports less than other sectors such as education or health.
Types of obstacles to access to sports and recreational facilities.
Obstacles for Children |
Obstacles for Parents |
Facility-related Obstacles |
Environmental Barriers |
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Indeed, these are all reasons that explain disparities in sports investments. Over time, the lack of investment in sports has led to detrimental consequences, including reduced access to sports facilities, diminished athlete development programs, and a decline in sports competitiveness at the national and international levels.
Recommandation:
That the federal government allocate additional funds, distributed equally per capita, to provinces and territories to enhance support programs for the development and renovation of sports infrastructure, particularly to facilitate participation in sports activities. These programs support the presence of sports and recreational facilities in good condition, increase their accessibility to the population, and promote physical activity.
That the federal government develop a Sports policy that takes into account barriers to children's access to sports and respects the priorities of each province and territory. Since Quebec has not signed an agreement with the federal government, the government should transfer a portion of the funds it allocates to its programs aimed at improving children's health, for example, the share of a program aimed at providing equitable access to sports resources and supporting the development of young talent. These initiatives will contribute to shaping a new generation of highly skilled and competitive athletes.
LACK OF DATA ON SPORTS TO TRACK THE IMPACT OF PUBLIC POLICIES IN SPORTS:
The lack of data on sports is a major obstacle to evaluating the impact of public policies in this area. It is essential for the federal government to take the initiative to report certain statistics regarding national sports organizations, the evolution of executive and athlete incomes.
These pieces of information would allow for a clearer and more detailed understanding of the sports landscape.
Recommandation:
That the federal government should report certain statistics regarding national sports organizations, the evolution of income for executives and athletes, and also create an Accessibility to Sports Index.