Curious but do you believe that if the incident wasn't sports related and happened in a regular setting, he'd have made it to the NHL/faced same minor consequences?
There are so many factors that come into play both with respect to the sentencing and the aftermath of any criminal act of violence that takes place within the four corners of a sport competition.
The law is clear that once an individual's actions go beyond the accepted rules, both civil and criminal liability flow. For example, every hockey fight during a game would constitute battery or assault causing bodily harm if the fight occurred ten feet off the ice. But a fight on the ice falls within the accepted rules of the game and would shield the two combatants from criminal prosecution. In addition, both would be protected from civil liability under the principal of
Volenti non fit injuria, that each player accepted the risk of injury that was foreseeable when both playing the game and entering into the fight.
Fighting is part of the game. The rules of the game prescribe penalties for those engaging in this otherwise criminal and tortious act. Things would be different if hockey outlawed fighting and provided immediate suspensions for any player engaged in this behaviour. In those circumstances, criminal liability would/could arise for those fighting as it would if the fight took place 10 feet outside of the arena of play. Similarly the defence of
Volenti non fit injuria to any civil suit would no longer be available as an injured participant could say that I didn't think I would have to defend myself as fighting is banned..
Cizikas' act of violence during a sport event that resulted in the death of another player was properly found to be manslaughter. One of many thousands of acts of violence that take countless lives each year across North America. The circumstances of Cizikas' age and where the offence took place was reflected in his sentencing but was not in itself a defence to the charge. There's little doubt that had Cizikas committed the same act outside of the arena of sport, the court would have sentenced him more harshly. But the public has a short memory and cares little about this player's transgressions so many years ago. It's yesterday's news. As will the stupid act that Mailloux committed.
