Teams expecting suspensions as 2018 Hockey Canada investigation concludes (update 7/13) up to 8 players from Team Canada to be named

Status
Not open for further replies.

DueDiligence

Registered User
Nov 16, 2013
8,736
5,099
Sure, I guess thats why we are waiting to find out who was where and when.
The reason this is taking so long is that we are not talking about one person being guilty or not. There is a large group of individuals who could have been totally, partially or not involved, at all. The police, NHL, teams need to be sure they do their utmost to identify who to charge, suspend or exonerate without misidentifying anyone.
 

GeoRox89

Tricky Trees
Sponsor
Nov 16, 2013
5,512
7,115
Fires of Mt Doom
In this case, the players are saying that it was consentual and the act took place. They also have a presumption of innocence. As of now there are no arrests and no charges. Until there are charges the accuser has no standing. If they are presumed innocent and THERE IS NO LEGAL COUNTER ARGUMENT TO THAT and all agree there was an act that took place then by all logic it was consentual.

If the police do not file charges, the accuser could file a civil case against the players. She would then have standing and a legal determination of consent could occur. She chose not to do that yet.
You literally just said there has been no legal determination regarding consent. That’s all that means. It does not mean the sex is presumed to be consensual. You’re drawing an inference there is no real basis for.

The law is not making an assumption about the consensuality of sex. It is merely giving a presumption of innocence when it comes to criminal action.

There is literally the whole grey area of an accused honestly believing at the time that something was consensual but being mistaken in that belief. There is absolutely nothing at this point in time to tell us this isn’t a case of they believed (and continue to believe) it was consensual and did not intend to assault anyone but that she did not actually consent. That would be by definition non-consensual sex that does not legally rise to the level of a rape conviction
 
  • Like
Reactions: Ted Hoffman

Perfect_Drug

Registered User
Mar 24, 2006
16,095
12,874
Montreal
Kane had nothing to do with that clause and was free to sign a new contract immediately.

Show me an example of a player having their means of income removed for something they were not arrested for let alone convicted of. Hell, they couldn't even get away with the Mike Richard thing without a settlement.
I'd add that Kane actually sued the Sharks and as we found out in hindsight, he very likely would have won.

Both parties chose to settle the difference in salary between his old contract and his new contract with the Oilers.
 

Silky Johnson

I wish you all the bad things in life.
Mar 9, 2015
2,460
2,752
London, UK
You have a code of conduct policy at work, don't you? Go test it and tell us what happens.
Where I live (UK), if i was in the players situation I would not be suspended without pay or let go.

Accusation outside of work.
Not arrested or charged.
Does not affect my ability to do my job.
Does not affect others ability to do their job.

Yeah, I'd be at work until the facts changed.
 
  • Like
Reactions: ORRFForever

NyQuil

Big F$&*in Q
Jan 5, 2005
98,990
65,166
Ottawa, ON
Where I live (UK), if i was in the players situation I would not be suspended without pay or let go.

Accusation outside of work.
Not arrested or charged.
Does not affect my ability to do my job.
Does not affect others ability to do their job.

Yeah, I'd be at work until the facts changed.

Theoretically, if women were uncomfortable with you being in the office, would this apply?

I'm curious as to what entails "affecting others ability to do their job".

It could still apply in a hockey scenario as they are plenty of women who work in and around those organizations.
 

Eyeseeing

Fagheddaboudit
Sponsor
Feb 24, 2015
23,091
38,933
Just my own opinion.
I think HF Boards would be best served to have these threads after the process is finalized.
All you get from reading a thread like this is wannabe legal experts and some people who don’t care about due process, only that they are so virtuous.
Nobody should take this subject matter lightly.
I believe you would end up with a better more balanced conversation.
I believe in our justice system more than I believe in the league’s integrity.
Whatever happens I hope justice is meted out in full accordance of the law.
 

Troy McClure

Suter will never be scratched
Mar 12, 2002
48,819
16,763
South of Heaven
Where I live (UK), if i was in the players situation I would not be suspended without pay or let go.

Accusation outside of work.
Not arrested or charged.
Does not affect my ability to do my job.
Does not affect others ability to do their job.

Yeah, I'd be at work until the facts changed.
No one cares about UK law. We’re talking about NHL players.
 

Silky Johnson

I wish you all the bad things in life.
Mar 9, 2015
2,460
2,752
London, UK
Theoretically, if women were uncomfortable with you being in the office, would this apply?

I'm curious as to what entails "affecting others ability to do their job".

It could still apply in a hockey scenario as they are plenty of women who work in and around those organizations.

I think, in the UK at least, it would need to be more direct than comfort level.

In any case, the other three would be enough.

The employer may go suspension with pay in consideration of the other employees comfort assuming the information is public. If not they would likely say nothing considering the UK's defamation laws.

No one cares about UK law. We’re talking about NHL players.
The question was directed at me and my companies code of conduct specifically.
 

Tad Mikowsky

Only Droods
Sponsor
Jun 30, 2008
20,857
21,559
Edmonton
Just my own opinion.
I think HF Boards would be best served to have these threads after the process is finalized.
All you get from reading a thread like this is wannabe legal experts and some people who don’t care about due process, only that they are so virtuous.
Nobody should take this subject matter lightly.
I believe you would end up with a better more balanced conversation.
I believe in our justice system more than I believe in the league’s integrity.
Whatever happens I hope justice is meted out in full accordance of the law.

Notice how this person preaches a better balanced conversation but completely leaves out the other side of this. You know, the ones who deny wrong doing, how they’re crusading against cancel culture.

Weird.
 

iCanada

Registered User
Feb 6, 2010
20,210
21,147
Edmonton
Please show me where that clause ha

Feel free to reference Article 18-A and 18.19 of the CBA, as well as exhibit 1 - the Standard Player Contract, specifically paragraph 2(e).


1689210562675.png

1689210634854.png

1689210830601.png



The existence of a clause doesn't make it enforceable.

All a clause needs to be enforceable is to not break anyone's rights, and not to be in direct disagreement with other laws that supersede the contract. Morality clauses are far from unprecedented, and generally are accepted in nearly every common law country in the world. But dont take my word for it, take a perusal around google.





You could maybe argue that the morality clause in the CBA and SPC are too vague and a given action may not be expressly known as against the clause, but I have a hard time imagining anyone would think participating in a gang-rape that causes the league to be dragged through the media for over a year isn't both not to the highest standard of morality, and not in the best interests of a given hockey club, the NHL itself, and the sport of Hockey generally... Let alone a judge that would consider it not in violation of either of those things.

Show me an example of a player having their means of income removed for something they were not arrested for let alone convicted of. Hell, they couldn't even get away with the Mike Richard thing without a settlement.

Just because there was a settlement does not mean that the NHL acted outside of their legal right or authority, it just means at a minimum they calculated that settling would be more economical than a lawsuit and any effects of its publicity. Its not like having a player in the news for abusing drugs is great PR that you want to be repeated in headlines for months on end, potentially years on end through appeals.
 
Last edited:

Eyeseeing

Fagheddaboudit
Sponsor
Feb 24, 2015
23,091
38,933
Notice how this person preaches a better balanced conversation but completely leaves out the other side of this. You know, the ones who deny wrong doing, how they’re crusading against cancel culture.

Weird.
Are you reading challenged?
NOBODY SHOULD TAKE THIS MATTER LIGHTLY
Dismount your high horse.
 

Troy McClure

Suter will never be scratched
Mar 12, 2002
48,819
16,763
South of Heaven
Lighten up. Jared Fogle and Harvey Weinstein aren't NHL players either.
Well because they were incorrectly brought up as examples of guys who went through the criminal justice system when in reality both were cut loose before any judge confirmed their guilt. It turns out mega businesses with public presences routinely take action to fire nasty dudes before any court gets involved, which makes sense of course because of how slow the wheels of justice turn.
 

NyQuil

Big F$&*in Q
Jan 5, 2005
98,990
65,166
Ottawa, ON
Well because they were incorrectly brought up as examples of guys who went through the criminal justice system when in reality both were cut loose before any judge confirmed their guilt. It turns out mega businesses with public presences routinely take action to fire nasty dudes before any court gets involved, which makes sense of course because of how slow the wheels of justice turn.

It makes sense because it's simple cost-benefit analysis.

Do I think mega businesses care about the victim? They care about potential boycotts of their products.

No one is boycotting the NHL or its players yet because no one knows anything about who did what exactly.

For the record, I totally agree that corporations can step in if they feel that someone is not representing their values and interests, and they do all the time.
 
Last edited:
  • Like
Reactions: Ted Hoffman

Gregor Samsa

Registered User
Sep 5, 2020
4,172
4,751
If this is a shitshow now, I can imagine what it will be like with the report released. All I know, is convictions or not, is something needs to change in junior hockey. It seems like a deeply rooted problem. I feel like I’m always seeing accusations, “players suspended by team for totally not rape with no details released for privacy issues”, and just problematic (and I usually hate this word) behavior. If there aren’t going to be convictions, then how will the culture change? I’m sure there are some bogus allegations but there are so many in junior continuing into the NHL, that it is eyebrow raising. If things aren’t punished in the legal system, then they need to come up with a way to curb these problems
 

NyQuil

Big F$&*in Q
Jan 5, 2005
98,990
65,166
Ottawa, ON
If this is a shitshow now, I can imagine what it will be like with the report released. All I know, is convictions or not, is something needs to change in junior hockey. It seems like a deeply rooted problem. I feel like I’m always seeing accusations, “players suspended by team for totally not rape with no details released for privacy issues”, and and just problematic (and I usually hate this word) behavior. If there aren’t going to be convictions, then how will the culture change? I’m sure there are some bogus allegations but there are so many in junior continuing into the NHL, that it is eyebrow raising. If things aren’t punished in the legal system, then they need to come up with a way to curb these problems

It won't end with these specific individuals.

I think this is just the beginning, and rightly so.
 

Melrose Munch

Registered User
Mar 18, 2007
24,042
2,281
If this is a shitshow now, I can imagine what it will be like with the report released. All I know, is convictions or not, is something needs to change in junior hockey. It seems like a deeply rooted problem. I feel like I’m always seeing accusations, “players suspended by team for totally not rape with no details released for privacy issues”, and just problematic (and I usually hate this word) behavior. If there aren’t going to be convictions, then how will the culture change? I’m sure there are some bogus allegations but there are so many in junior continuing into the NHL, that it is eyebrow raising. If things aren’t punished in the legal system, then they need to come up with a way to curb these problems
Junior Hockey will need more oversight. If they won't accept that, then it's time for junior hockey to end.
 

Gregor Samsa

Registered User
Sep 5, 2020
4,172
4,751
Junior Hockey will need more oversight. If they won't accept that, then it's time for junior hockey to end.
There are so many rumors and whispers that even if some of them are unfounded, there is enough to think there is truth to the perceived culture. I’d imagine it is deeply ingrained and I’m not sure how effective oversight would be because I’m sure many of these coaches and higher ups try to be buddy with the kids or “protect” them or look the other way
 
  • Like
Reactions: Melrose Munch

Mike C

Registered User
Jan 24, 2022
11,214
7,995
Indian Trail, N.C.
If this is a shitshow now, I can imagine what it will be like with the report released. All I know, is convictions or not, is something needs to change in junior hockey. It seems like a deeply rooted problem. I feel like I’m always seeing accusations, “players suspended by team for totally not rape with no details released for privacy issues”, and just problematic (and I usually hate this word) behavior. If there aren’t going to be convictions, then how will the culture change? I’m sure there are some bogus allegations but there are so many in junior continuing into the NHL, that it is eyebrow raising. If things aren’t punished in the legal system, then they need to come up with a way to curb these problems
Bring back enforcers and fighting and have a coach say " imagine it was your sister. Now go teach this son of a bitch what time it is"
 

BillDineen

Former Flyer / Extinct Dinosaur Advisor
Aug 9, 2009
9,519
8,353
Isn't the first step the release of police charges before the league report?
 

Devonator

Registered User
Jan 5, 2003
4,838
2,669
Mmm, as a woman, I know I sure love reading threads of posts from old white dudes (and I know that's what most people on this forum are) saying actually rape isn't a crime and those boys didn't mean it. I had to give up after page eight.



I agree with this comment SO much, especially the edit. The most damning thing, even if it isn't specifically criminal, is the fact they realized "oh, shit, we might have done something bad here" and not only had her record that video but they MADE HER SHOWER AWAY ANY EVIDENCE.

I don't care if the perpetrators never see legal criminal justice. As a woman, I am fully aware convictions for rape are vanishingly rare. I don't need to see them tarred and feathered and strung up on pikes. But getting to play in the NHL is a privilege you earn and which can (and should) be denied you for character reasons just as much as a lack of skill on a sheet of ice. Participating in a gang rape of a woman intoxicated to the point of semi-consiousness, especially if you are unwise enough to participate in such an act on camera, should absolutely be just cause to never get to play another minute of NHL hockey. There are hundreds and thousands of other men who deserve that roster spot who didn't rape someone and get caught.

Some of you need to really search your souls if you think otherwise.
Pray tell.....how do you know everyone commenting here is old white guys? I am guessing most of the people here are young and what does the color of their skin matter??? I bet you wouldn't say that about other colors!!!
 

Silky Johnson

I wish you all the bad things in life.
Mar 9, 2015
2,460
2,752
London, UK
Feel free to reference Article 18-A and 18.19 of the CBA, as well as exhibit 1 - the Standard Player Contract, specifically paragraph 2(e).


View attachment 728461
View attachment 728462
View attachment 728463




All a clause needs to be enforceable is to not break anyone's rights, and not to be in direct disagreement with other laws that supersede the contract. Morality clauses are far from unprecedented, and generally are accepted in nearly every common law country in the world. But dont take my word for it, take a perusal around google.





You could maybe argue that the morality clause in the CBA and SPC are too vague and a given action may not be expressly known as against the clause, but I have a hard time imagining anyone would think participating in a gang-rape that causes the league to be dragged through the media for over a year isn't both not to the highest standard of morality, and not in the best interests of a
given hockey club, the NHL itself, and the sport of Hockey generally... Let alone a judge that would consider it not in violation of either of those things.



Just because there was a settlement does not mean that the NHL acted outside of their legal right or authority, it just means at a minimum they calculated that settling would be more economical than a lawsuit and any effects of its publicity. Its not like having a player in the news for abusing drugs is great PR that you want to be repeated in headlines for months on end, potentially years on end through appeals.
Agreed that the settlement does not mean that the NHL acted outside of their authority but it means they were at least concerned.

Moreover, these are all examples of illegal acts where charges where filled and arrests were made.

To date there are no established facts in this case. There are no arrests. There are no charges. And no incident that happened at work.

If the NHL treaded carefully in cases where there were arrests and charges, sometimes settling, I think this supports why there have yet to be any actions in this case. They know they don't have much of a case.

The NHL morality clause is the very definition of overly broad.

The leverage they do have is with players who are currently out of contract.

If no charges are filed, they still may suspend (with pay?) The player but the suspension will be short enough to encentise the players to accept them and move on with their career rather than litigating.
 
  • Haha
Reactions: Ted Hoffman
Status
Not open for further replies.

Ad

Upcoming events

Ad

Ad