Some Canadian athletes feel contractually silenced by non-disparagement clause

Athletes' fears of repercussions if they talk about problems they see in their sport have been cited as one reason for Canada's current safe-sport crisis.

In order to receive just over $21,000 annually in Sport Canada funding, Olympic athletes must sign contracts with their national sports federations. Those contracts, known as "athlete agreements", have contained clauses stating broadly that athletes must watch what they say.

While often referred to as a non-disclosure agreement (NDA), the clauses are more non-disparagement in nature.

Some athletes feel muzzled by a non-disparagement clause in their contracts with their national sports organization.

"It's a form of manipulation is how I see it," says one veteran Olympian, whose contract contains a non-disparagement clause.

"Your voice could potentially never be heard. It's the controlling factor of the federation. That's what they have over you.

"It goes against the safe-sport principles of having a voice and being heard if things aren't OK."

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Among Speed Skating Canada's list of athlete obligations in its 2022-23 contract is they must agree to "not bring disrepute or negative publicity to themselves or SSC directly or indirectly through posts, comments, shares, likes, or associations on social media channels (Facebook, Instagram, Twitter, etc.) or on other online platforms (websites, blogs, podcasts, etc.), or through comments to members of the media."

Speed Skating Canada says that clause exists to protect athletes as much as it does the federation.

"There is a provision in our athlete agreement, signed by all national program athletes each year, that is designed to reflect a