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Old 01-31-2024, 02:21 PM   #1504
Five-hole
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Quote:
Originally Posted by Locke View Post
Right. Okay. Just because...my understanding is the girl took the money and signed the deal and appears to have abided by it, but the Government can still bring charges?
Her taking the money and signing an NDA would be in respect of her private law rights (i.e., tort) against Hockey Canada, and possibly the individuals involved, though it's typical to go after deeper-pocketed organizations rather than individuals. This case is somewhat unusual in that the accused also have money, but I'm not sure if that was as true at the time.

So she can no longer bring a private suit for damages against anyone she settled with, but the Crown is different. The settlement has nothing to do with the Crown and its ability/desire to bring charges. (I'm starting to step out of my realm of expertise here so please correct me if I'm wrong on the following.) She can't settle on behalf of the Crown, nor does she make the decision on whether to prosecute. She can decline to cooperate with the investigation/trial, which would seriously affect whether the Crown can or would proceed, but she doesn't make the call.
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