Hockey and the Law

Posted by Kyle Kosior in Uncategorized on July 31, 2008 — 1 Comment

Two recent incidents involving hockey violence have resulted in punishment. A 23 year old Calgary man was sentenced to 30 days in jail for assaulting a linesman. He is said to be appealing that sentence. Via CBC (sorry about that).

A 23-year-old Calgary man sentenced to 30 days in jail Wednesday for assaulting a hockey linesman in 2006 will be filing an appeal, his lawyer says.

Robert Joseph Simard, who was convicted of kicking Rory McCuaig in face and knocking him unconscious in an off-ice brawl after a game, will serve his time on weekends beginning in August.

Simard’s lawyer, Alain Hepner, said the family is disappointed with the sentence, believing it is far too harsh, especially when compared to other hockey assault cases.

Meanwhile, Patrick Roy’s son Jonathan has been charged with assault stemming from the altercation in the QMJHL playoffs.

Quebec Remparts goaltender Jonathan Roy, 19, faces one count of assault against Chicoutimi Sagueneens netminder Bobby Nadeau.

The single charge was filed in court today in Saguenay, where the brawl occurred.

In a fracas that was replayed countless times across the country, Jonathan Roy skated the length of the ice and pummelled Nadeau, who made no attempt to fight back.

While the first case seems to just be a clear cut case of thuggery, the on-ice assault opens up a veritable Pandora’s Box of litigation possibilities.

Grant

I’m surprised the guy that came out of the stands after the game and kicked the linesman in the head didn’t get a harsher sentence. 30 days, to be served on weekends? What a joke. The incident occurred off the ice and after the game had finished. This is after he was given a Game for slashing an opponent in the head! Calgary Jr B is a far cry from the Heritage Jr. B in the rural areas, so these guys have nothing to play for and shows. I love how his lawyer kept referring to the Bertuzzi and McSorley incidents as if the professional, on-ice cases had something to do with his client’s minor hockey, off-ice beating.

As for Roy, I agree that its nearly impossible to draw a line for fighting on the ice, given the ample precedent for allowing the game’s players and officials to sort out matters within the rules, and heavy reliance on some form of “assumption of risk” or “comparative negligence” defense. There have been far worse cases out there (even in the ultra-litigious U.S.) that one would think would rise to the level of assault or at least some kind of recklessness, but have not. Mind you, may of those cases are from at least ten or fifteen years ago. With players’ increased size and strength, combined with lighter and lighter equipment, sooner or later one has to think the floodgates will start to open. Hopefully it doesn’t lead to hockey turning into basketball, though the “new NHL” has already started trickling down to minor hockey in that respect.