Law and Sports
Violence and Hockey
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Officials feel that violence in hockey is
increasing
Issue because judicial system in Canada
must become involved in severe incidences
Eg. 1969, Boston Bruins Ted Green vs. St
Louis Blues Wayne Maki,
Eg. 2000, Boston Bruins McSorely vs.
Vancouver Cannucks Breshear
Laws in Hockey vs. Laws in Canada
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Laws in hockey
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Laws in Canada
Consent to minor
injuries/bodily contact
Illegal to consent to
severe injury
Use of hockey stick in a
fight usually results in a
penalty or suspension
Use of a stick as a
weapon is considered
assault with a weapon
Assault Laws in Canada
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265. (1) A person commits an assault when
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(a) without the consent of another person, he
applies force intentionally to that other
person, directly or indirectly;
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266. Every one who commits an assault is
guilty of
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(a) an indictable offence and is liable to
imprisonment for a term not exceeding five
years; or
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(b) an offence punishable on summary
conviction.
Case #1: McSorley vs. Breshear
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February 21, 2000; McSorely hits Breshear
over the head with a hockey stick during a
game
Receives concussion and memory loss of the
incident
October 6, 2000; Supreme Court of Canada
Judge Kitchen rules assault with a weapon
Debate on unwritten code of conduct in
hockey vs. legal constitutes of Canada
“high in the body, upper arm, shoulder area”
-McSorely
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“Every time a player uses a stick to apply
force to another player, the stick is being
used as a weapon and not to direct the puck
as it was designed to do.” -Judge Kitchen
Case #2: Ted Green vs. Wayne Maki
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1969; Boston Bruins Ted Green is hit over the head
with a hockey stick by St. Louis Blues Wayne Maki
Regina vs. Green; discharged
Regina vs. Maki; discharged
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Why?
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Hitting in hockey was seen as a natural
consequence of the sport
Players sign a consent contract before
participating in the game
Maki knew the consequences of playing the
game
Case #3: Assault with a Weapon
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Duncan Richardson vs. David Clarke
Used a wooden stick to fend off Clarke
wielding a knife
Charged with assault with a weapon
12-month jail time sentenced
Clarke was charged with affray and offense
with a weapon
Cleared of both charges
Similar Case
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November 11, 2010; Timmons Ontario
woman arrested for assault with a weapon
36 year old woman after Peewee hockey
game
Cross checked an 11 year old boy with a
hockey stick
Due in court on January 21, 2010
What is Doping?
Term used frequently to describe the use of
performance-enhancing drugs in sports
 Illegal in Canada and most of the world
 CCES (Canadian Centre for Ethics in Sport)
 Paid for by Federal Government:
-Testing
-Laboratory
-Analysis
-Admin. for procedural fairness
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Basic Legislations
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3.1.1 It is each Athlete’s personal duty to
ensure that no Prohibited Substance enters
his or her body. Athletes are responsible for
any Prohibited Substance or its Metabolites
or Markers found to be present in their bodily
Specimens.
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3.2.1 The success or failure of the Use of a
Prohibited Substance or Prohibited Method is
not material. It is sufficient that the Prohibited
Substance or Prohibited Method was Used or
Attempted to be Used for an Anti-Doping
Rule Violation to be committed
Case #1: Geneviève Jeanson
Female Canadian cyclist
 Won La Flèche Wallonne World Cup
 Member of Canadian Olympic team
 September 20, 2007- admitted to taking EPO
(sports enhancing drug)
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Conclusion
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Laws according to the Canadian judicial
system are not always followed through in
sports
Each law is applied differently to each case
Sport-enhancing drugs are legal outside of
certain sports
Federal laws integral to enforce underlying
codes of conduct in sports
Bibliography
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http://www.lawyers.ca/statutes/criminal_code
_of_canada_assault.htm
http://www.gazettelive.co.uk/news/teessidenews/2010/05/31/provoked-but-wooden-stickassault-man-jailed-84229-26557075/
http://toronto.ctv.ca/servlet/an/local/CTVNews
/20101111/timmins-woman-hockey-stickattack-boy101111/20101111/?hub=TorontoNewHome
Bibliography
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http://www.sportslawnews.com/archive/history/HT2.
html
http://www.nzpolocrosse.com/AntiDopeRules.pdf
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http://www.defencelaw.com/hockey-assault.html
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http://www.cbc.ca/sports/columns/top10/hockey_lowl
ights.html#3
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