Canada hockey business | There is more than one form of justice

On Thursday. However, five professional hockey players, Michael McLeod, Carter Hart, Alex formenton, Cal Fote and Dillon Dubé, were acquitted criminal accusations of sexual assault that weighed on them, at the end of one of the most publicized trials of the decade in Canada.

Posted at 7:45 a.m.

The judge of the Ontario Superior Court concluded that the testimony of the complainant was “neither credible nor reliable”. For example, that there was on the part of the complainant “real consent not stunned by fear” and that the crown has proven any of the accusations beyond reasonable doubt.

The five 2018 canada hockey business | there team Canada Junior team hockey players, which were liable to 10 years in prison, are therefore free.

However, they will not find their lives 18 months ago, before the accusations were deposited in January 2024.

It should be understood that the objective of criminal law is to prohibit “the gestures that go against the fundamental values of our society¹ ». Moreover, It is the crown that continues, on canada hockey business | there behalf of the company.

If the criminal law beacons are extremely strict. Therefore, if Canadians are entitled to the presumption of innocence and a full and whole defense so vigorous, it is because society can take your freedom to you.

We live in a rule of law. Therefore, It is extraordinarily precious.

But law and justice are no longer just criminal justice.

There is also civil justice, where a person can pursue those who have gone it. For example, Most often, she obtains financial compensation for damage suffered.

In the 2018 Canada Junior team hockey player, the alleged victim continued Hockey Canada and eight anonymous players for $ 3.5 million. Nevertheless, This dispute was quickly settled amicably (the involved players were not consulted in the canada hockey business | there decision of Hockey Canada to settle. Meanwhile, and the details of these regulations are confidential).

There is finally disciplinary justice and labor law. Nevertheless, An employee can be punished or lose his job for a reprehensible gesture that is not a criminal nature. Meanwhile, In their contract. Furthermore, NHL players have a general clause of good conduct on the ice rink and out of the rink. In addition, According to their contract. Moreover, they must “follow the highest standards of honesty, morality” and “refrain from any behavior prejudicial to interest² »Of the NHL. However, It is much more demanding than simply respecting the criminal code, and with reason.

As soon as this amicable regulation was revealed to the general public by TSN journalist Rick Westhead. Similarly, in May 2022, the NHL launched a disciplinary investigation to find out if the canada hockey business | there players in question had broken the good conduct of their contract. (The players were under contract with an NHL team at the time of the alleged facts in the summer of 2018.)

The NHL survey has been over for a long time. With wisdom, the League chose to wait for the end of the criminal process before revealing the conclusions.

The NHL. however, gave an index on Thursday, declaring that “the allegations formulated in this case, even if they were not tried criminal, were very disturbing and the behavior in question was unacceptable³ ». While she studies the judgment of the Ontario Superior Court, players remain unacceptable to play in the NHL. We will no doubt know more at the end of August, after the crown appeal period.

The conclusions of the NHL disciplinary investigation canada hockey business | there could be different from that of the criminal court for three reasons:

1. We do not judge the same thing. In criminal law, the judge decides if an offense of sexual assault has been committed. In terms of discipline. the NHL decides if the players had “the highest standards of honesty, morality” or a “detrimental behavior to the NHL. The bar is much lower in the court of justice of the NHL commissioner, Gary Bettman.

2. Additionally, The proof burden is not the same. In criminal law, an accusation must be proven beyond reasonable doubt. In disciplinary law, it is the rule of the preponderance of proof (the 50 % + 1 proof) which makes it possible to decide. We choose the most likely version between those of the two parties.

3. There will be canada hockey business | there more evidence in the disciplinary investigation. To protect the constitutional rights of the accused, the criminal court has excluded certain evidence. Like a disturbing text of a witness (Brett Howden, one of their teammates) briefly entered the room. Mr. Howden also told the Hockey Canada investigator having seen the complainant cry during one of the sexual acts⁴. At the trial, Mr. Howden said he did not remember it.

If the NHL’s investigation concludes that some of the hockey players have acted in a displaced manner. have broken their contract, the NHL will be able to impose sanctions for them, for example a suspension. If necessary. it should be hoped that it imposes a severe sanction and proportional to the severity of the gestures posed. And that the sanction begins after the verdict, and not when the accusations are deposited in January 2024. (Any sanction imposed canada hockey business | there by the NHL may be challenged before an arbitrator under the collective agreement.)

It would send a powerful message to all the spheres of society that such behaviors are shocking and unacceptable.

Playing in the NHL is not a normal job. It makes you a model for young people, with social responsibilities, you earn millions of dollars. Players are bound to a higher standard than simple compliance with the criminal code.

Other professional sports leagues have suspended athletes for sexual misconduct, even if they were not sentenced to the criminal.

In major baseball. the star launcher of the Dodgers Trevor Bauer was suspended without pay a little more than a season (184 games) in 2022 for allegations of sexual assault and domestic violence. He had broken the good conduct clause canada hockey business | there of his contract. After his suspension, the Dodgers released this former winner of the Cy Young Trophy. He has never played in major baseball again and continued his career in Japan and Mexico.

In football. the quarter of the NFL Deshaun Watson was suspended 11 games (two -thirds of a season) and paid a fine of $ 5 million for sexual misconduct. Watson settled amicably with 23 of the 24 women who brought civil proceedings against him. He returned to the game for Cleveland in 2023 after his suspension.

In the cases of Bauer and Watson, the prosecution had not filed criminal charges, after studying the files.

If an NHL player commits sexual misconduct who break his contract. a severe suspension (at least one season) would be appropriate. It would even facilitate the rehabilitation of canada hockey business | there the person targeted in society.

If a reprehensible gesture is adequately sanctioned. most citizens believe that the person has paid their moral debt and that they can continue their life.

Obviously, no hockey team is forced to hire him.

None of the five hockey players acquitted is under contract with an NHL team currently.

At the time of deposit accusations. four of the five hockey players acquitted were either support players in the NHL, or players who shuttle between the NHL and the American League. Do not be surprised if they have played their last NHL match. they end their careers in Russia or Europe.

The 2018 Criminal Canada Junior Team Hockeyers criminal trial aroused national discussion on sexual intercourse. A necessary discussion and which canada hockey business | there will be beneficial to the whole society. However, it is to be hoped that this verdict does not discourage victims of sexual assault from file complaint.

Unless the crown appeals to the verdict, this criminal trial is closed.

But the story is not over.

She transports herself to Gary Bettman’s office.

1. Consult the article “What is criminal law?” »On the Educaloi website 2. Read the article of Globe and Mail (in English; subscription required) 3. Read the NHL Declaration (in English) 4. Furthermore, Read the chronicle “The memory holes of the witness Howden” on the Radio-Canada site