Enough is enough: Hockey Canada scandals another reminder big changes needed to end sexual violence

Once again, Canada’s lack of leadership in combating sexual violence and harassment has taken centre stage. This time, it comes with shocking revelations involving Hockey Canada. Reports confirm the iconic organization had become so ensnared in a culture of sexual misconduct that it created a slush fund to settle claims of wrongdoing. Despite scandal after scandal, there has been no focused, action-based leadership at the federal level when it comes to gender violence and sexual harassment. Instead, we’ve had a fragmented, inconsistent, and weak voice. And, sometimes, no voice at all until somebody blew the whistle. Perhaps this explains why so many at the highest levels, from top military brass to sports bigwigs, thought they could get away with behaviour that would never stand scrutiny in the light of day. Hockey Canada used something it called the National Equity Fund, created with player registration fees, to secretly pay out millions of dollars in sexual misconduct settlements. Did they see it as just a cost of doing business? It has been the custom of many organizations when faced with allegations of sexual wrongdoing, from Harvey Weinstein’s production company to the RCMP and the Canadian military, to engage in duplicitous actions that break the trust they held. This is the nature of institutional betrayal, which can present more insidious consequences for victims than the initial assault or incident of harassment. Hockey Canada’s newly unearthed stunts are just the latest example in a long chain of seismic revelations involving one aspect or another of federal jurisdiction that highlight the need for a strong voice in advancing Canada’s #MeToo agenda. Canada should appoint a high-ranking official reporting to Parliament to investigate gender harm and related complaints in any part of the federal public service, any federally-regulated entity—including the Canadian military and RCMP—and any organization receiving federal funding, like Hockey Canada. They would also have the power to make referrals to the criminal justice system in cases of sexual violence and threats of retaliation, and be able to propose changes in policy and laws to combat sexual misconduct. The commissioner would have available something that does not currently exist in Canada: a team of savvy investigators and mental health support professionals trained in trauma-informed care who would respond to complaints. By putting the battle to end sexual violence in the hands of an independent officer of Parliament with the tools to get the job done, it elevates that mission to a leadership role that is much needed but, strangely, not yet filled. It would send a strong signal that there is a new sheriff in town with zero tolerance for misbehaving organizations, like Hockey Canada. Something else that would send a powerful signal is a ban by the federal government on the use of non-disclosure agreements (NDAs) in all organizations under its jurisdiction, or which receive federal funds. I made that recommendation several years ago in connection with Bill C-65, the government’s flagship anti-harassment legislation at the time. NDAs perpetuate the power imbalance between victims and organizations that is typically at the centre of sexual violence and harassment, and they create the very cone of fear and silence that empowers bad actors. If Hockey Canada’s victims had been able to speak out and warn other women about their experience, would fewer have been harmed? Clearly, Parliament needs to get to the bottom of that question, and then take a wider look at the damaging effects of NDAs. That starts by listening to victims who have been re-traumatized by NDAs that take their voices from them. Having spent many years advocating for countless victims and hearing their stories, I have to say I don’t believe the harm done by NDAs can be neatly mitigated by legislation that puts limits on them, which has been attempted in some jurisdictions. The evidence-based barriers to healing and the long-term legal jeopardy they create, even with agreements modified by recent legislation, still loom too large to be worth the risk. Gender-based violence and sexual harassment, and their second-wave victim assaults like NDAs, victim-bashing, and career obliteration carry profound, but too little understood, medical and emotional risks. They can be life-threatening. We are long past the point where Canadians should wake up and learn about yet another scandal involving the betrayal of a trusted organization like Hockey Canada. What started as an anthem for a generational movement to end sexual violence bears repeating loudly across Canada today: enough is enough. Kathleen Finlay is founder of the ZeroNowCampaign, which advocates for change in areas of gender harm, sexual harassment and institutional betrayal. The Hill Times