Law and Sports

Violence and Hockey 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 Laws in hockey Consent to minor injuries/bodily contact Use of hockey stick in a fight usually results in a penalty or suspension Laws in Canada Illegal to consent to severe injury Use of a stick as a weapon is considered assault with a weapon

Assault Laws in Canada 265. (1) A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

266. Every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction.

Case #1: McSorley vs. Breshear 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 “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 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 Why?

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 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 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

Basic Legislations 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.

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, admitted to taking EPO (sports enhancing drug)

Conclusion 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 _of_canada_assault.htm _of_canada_assault.htm news/2010/05/31/provoked-but-wooden-stick- assault-man-jailed / news/2010/05/31/provoked-but-wooden-stick- assault-man-jailed / / /timmins-woman-hockey-stick- attack-boy / /?hub=TorontoNewHome / /timmins-woman-hockey-stick- attack-boy / /?hub=TorontoNewHome

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