The Great Young Offenders Act Debate

The debate for April 2000 is:

Should young persons who intentionally apply force to other young persons during hockey games be prosecuted for assault under the Criminal Code of Canada? 

Is consent a defence to assault, assault causing bodily harm, or assault with a weapon? 

Read the Criminal Code of Canada. Read R. v. Leclerc (1991) 67 C.C.C. (3d) 563, in the Ontario Court of Appeal and  R. v. Jobidon in the Supreme Court of Canada respecting assault causing bodily harm.

Read What Other Have Said


City:
Mississauga
Date:
05 Mar 2000
Time:
18:30:48

Comments

A body check is permitted by the Rules of hockey. A player who intentionally applies force to another player in accordance with the Rules has not committed an assault because the other player has consented to such application of force. A hockey player should not be charged with assault if he or she is following the Rules.


City:
Tara
Date:
10 Mar 2000
Time:
15:17:45

Comments

Since a body check is permitted by the rules of hockey, anyone playing the game should expect it. Also the person that brings a charge against someone should not be playing hockey since it is known as a rough sport....


City:
Toronto
Date:
14 Mar 2000
Time:
13:38:32

Comments

People often use the notion of 'sport' to justify all kinds of craziness. The fact that NHL players are pros does not mean that they can do whatever they want. I understand that hockey is a part of Canadian culture, but clubbing someone over the head with a stick is wrong, immoral, and extremely stupid. You have these die hard hockey fans that believe that anything goes. Such things are wrong, and I don't care how many hockey moms or dads disagree with me. After all, If I, a professional at an office went and struck someone on the head with my daily planner and knocked their lights out, how many people would believe I should run free and be encouraged to keep doing it because its a part of life? The fact that this garbage takes place in a sports forum is insignificant. Sports are essentially GAMES and even though there is big bucks involved, lets not FORGET that. Hey, I love hockey as much as the next guy, but being a hockey player does Not put you above the law. Thank you very much, case CLOSED.


City:
Milton
Date:
31 Mar 2000
Time:
22:40:53

Comments

If a young person intentionally goes up and bashes someone with their stick,  then I think he should be punished for assault. That is totally unacceptable. Body checks and fist fights have always been a part of hockey and I don't think that they should be prosecuted for body checking or punching another player. It's a part of hockey and always will be, if they took that kind of stuff out, the ratings would go down.


City:
Toronto
Date:
31 Mar 2000
Time:
22:43:56

Comments

If they prosecuted hockey players with assault because they intentionally beat someone up, then they would have to prosecute players from other sports.


City:
Langley
Date:
03 Apr 2000
Time:
14:50:49

Comments

No. They should be punished by the league (ie. suspended, fined, or expelled) but not charged with any offense under the Criminal Code. There often isn't intention to kill someone while playing, its just that some players may be aggravated enough to want revenge. Then shouldn't you blame the person who taunted the accused person?


City:
Edmonton
Date:
05 Apr 2000
Time:
14:00:54

Comments

I think that if he or she has committed an assault they shouldn't be punished any differently just because they are in the game. They assaulted another player and therefore should be punished more severely.


City:
Calgary AB
Date:
10 Apr 2000
Time:
16:22:32

Comments

I think that if you play professional hockey, you put yourself up to a beating from the other players. There are rules in hockey that limit the level of violence allowed so there is no reason to inflict further consequences as the players are punished for illegal hits. The government is not required to interfere with the rules.


City:
Toronto
Date:
15 Apr 2000
Time:
03:31:14

Comments

I believe that the intentional use of force in hockey, or indeed in any other act at all, should be charged as Assault. Consent to assault is, in my mind, unlawful since a person cannot consent to another person committing an unlawful action. i.e. we can not give consent to someone murdering us.


City:
Winnipeg
Date:
26 Apr 2000
Time:
11:32:46

Comments

The question is where does one draw the line? Clearly there is a level of acceptable and assumed contact in sports. In Hockey, at some levels, that assumption of contact includes the possibility of a fight. Certainly it cannot be considered a criminal act for an individual, intentional or not, to contact another in a fashion that he or she recognizes, foresees as a possibility and then accepts of assumes the risk of occurring. The line must be drawn as to what is foreseeable and assumed by the participants of any given sport.


City:
Ottawa
Date:
21 Dec 2000
Time:
09:58:59

Comments

I've played hockey since the age of 6 years old and I've never felt that anything done on the ice would ever be considered a criminal act. But, after seeing what Marty McSorley did to Donald Brashere, I believe that certain actions do deserve criminal procedings. But that there is a fine line between what should be taken care of by the league and what should be taken care by the Crown Attourneys office. It might make some players think twice before going out and seriously injuring someone. It's what the game needs. It might ruin it's reputation but the ice cann't be a place where someone can go out and kill annother person and be immune from all criminal proceedings.


City:
orleans
Date:
21 Dec 2000
Time:
10:01:30

Comments

When somone hits somone else with a hockey stick in hockey its all in the heat o f the game. By playing hockey a player uses his stick for everything. I also play hockey and there is just a difference in rules when it comes to hockey. You already get a penalty in hockey for hitting somone with the stick. Its rediculus to think that we should charge players on the ice for assault with a weapon while they are playing a game because everyone does it. The person who made the game had to realize what he was getting into. So no i don't think that a player should get charged for assualt with a weapon during a hockey game.


City:
Ottawa
Date:
21 Dec 2000
Time:
10:12:57

Comments

In my opinion Ice Hockey is a contact sport it is part of the game. As a Minor Hockey Player myself I think without the contact many players wouldn't even play.Also being a contact sport every player should expect to get bumped of the puck every time they get on the ice. Hey isn't that way we wear all that equipment, to protect us form injury.


City:
some city
Date:
12 Feb 2002
Time:
15:06:39

Comments

i donno wut do i have 2 say


City:
orlando , florida
Date:
17 Apr 2002
Time:
10:53:11

Comments

AFter reading the above R. v. Jobidon decision am i understanding correctly the fact that consent would of been sufficient had it been found that the defendant ceased fighting after one or two blows in the fight while he was still concious and death would of resulted some time later or does the decision stand for the fact that for public policy reasons consent to fighting while never stand as a defense when serious injury or worse occurs, even when consent is present. 


City:
ponoka
Date:
17 Jun 2002
Time:
17:18:01

Comments

I think that this is completelty stupid I play hockey and yes it's ruff but if you can't take a hit then don't play with the big boys


City:
Edmonton
Date:
17 Sep 2002
Time:
16:22:39

Comments

I think that children being charged for assault in hockey is a load of crap. fighting is a part of hockey. now of course there are limits. it the child is a goon, and isnt there to play hockey, and is only there to fight, then simply kick him out of the leauge. because if he wants to fight on the street, then he will get charged with assault. i remeber as a youth playing hockey, i got into a couple fights on the ice, and really, it was all in fun. you weren out there to maim the other person. the pace of hockey gets in you, and then someone says something and then you are like, alright, lets go. you always laugh it off later. even if you got your ass anded to you, it was fun, and it taught you that fighting hurt. the law does not belong on the ice.now for another line to be drawn. what if one kid beats another silly with his hockey stick, or pulls a "Happy Gilmore" (tries to stab him with his skate)then yes, get him out of the leauge, slap him with assault. that is the kind of stuff that should not be allowed on the ice. and if someone does go out to seriously harm someone, then the law should be brought in. keep in mind they are still kids, and they are wanting to have fun. if they fight, then they fight. they arent going to hold a grudge againt the person. i know a lot of people who fought in hockey, and they know each other, and they are friends. basically, bringing the law into the hockey arena ruins the fun for everyone.


City:
Kingston
Date:
23 Sep 2002
Time:
09:38:57

Comments

I think that they should be prosectued


City:
Halifax, Nova Scotia
Date:
07 Oct 2002
Time:
19:00:09

Comments

Personally I feel as though many of you are making comments on the subject without having the slightest knowledge of hockey rules and regulations. I have played minor hockey before and it is rough. Fist fights and checking are a normal in minor hockey but when taking your hockey stick to someones head is NOT. It is all about where to draw the line between acceptable and not acceptable behaviour. In regards to NHL comments players are in fact suspended, fined, and if appropriate given jail time. For instance the Marty Mcsorly incident where the enraged player two-handed a player on the opposing team with his hockey stick. I think that the rules and regulations are fine as they are fine as they are and very well control the violence in hockey for it is infact a rough sport.


City:
Edmonton
Date:
14 Nov 2002
Time:
22:36:52

Comments

accidents happen in sucha sport...for example..i play indoor and outdoor soccer...last weeek in indoor soccer some one got bashed into a side board and popped their knee cap, did n e one get charged with assult, NO!..hockey is the same thing, if a hockey stick is known as a weapon then wats to be used while hittin a puck. If a hockey stick is known as a weapon, then so is a puck (getting hit with a puck is the same thing as accidently hittin someone with a stick),so is the blade on the skates, someone could get cut very easily if they fall...everything in hockey is dangerous, but if players play hockey, they should know that there are gonna be fights and injuries,its not like anyone wants to kill someone intentionally, this is BS...hockey has its rules and regulations..it has its good tiems and bad...the government should not get involved with a sport...if ppl think a hockey stick is a weapon..then so is everything else...y not jus shut it down if its sucha problem...therefore doing such actions isn't a crime...its a part of the game..PERIOD!!


City:
alb.
Date:
05 Dec 2002
Time:
16:11:36

Comments

you said that this was a hockey site!


City:
Virden
Date:
09 Jan 2003
Time:
12:08:48

Comments

I think that what happens on the ice should stay on the ice. Anyone who cries about getting hurt shouldn't be playing. Hockey is a rough game and everyone who wants to play has to live with it, and suck it up. The roughness makes it the greatest game in the world!


City:
Cambridge
Date:
31 Jan 2003
Time:
14:10:12

Comments

I believe that it's the name of the game they are above the law


City:
Charlottetown, PEI
Date:
16 Feb 2003
Time:
19:07:39

Comments

This is a tough call. Almost all the violence in hockey is just seen as "sport" and nothing is done about it. I believe there are legitimate cases of asault in hockey but just don't take it to the point where we won't be allowed to play the game anymore.


City:
wisconsin
Date:
15 Apr 2003
Time:
09:29:51

Comments

i think that they should not be charged with anything. it is apart of the sport. there is not alot of fights at young ages but it is better then checking some one from behind and having them never play again.


City:
Winnipeg, Manitoba
Date:
29 Apr 2003
Time:
11:55:16

Comments

hockey is cool


City:
Calgary
Date:
21 May 2003
Time:
15:31:58

Comments

When you register for hokcey you are accepting a beating. Hockey has hits, injuries and anger. If you cannot handle it then you should not be playing. The referees are there for a reason, it is thier job to moniter the level of violence that goes on, then if the refs think it is major the league makes a decision. But in no way should any player be charged with a criminal offence if it is during a hockey game.


City:
Scarborough ON
Date:
29 May 2003
Time:
14:05:09

Comments

Absolutely. Hockey (or any sport) whose primary focus is not to cause physical harm should not condone physical violence. Unlike boxing, the objective in hockey is merely to put the puck in the goal. Thus people, including children, who use it a san excuse to be violent whould be treated as common assaulters.


City:
Sugarloaf
Date:
16 Dec 2003
Time:
12:47:43

Comments

I have been trying to figure out what constitures assault. My 14 year old son was playing street hockey at a rink with a bunch of high school boys. At the time there was a 39 year old adult playing with them. He shouldn't have been there to begin with. Anyway, my son was standing at the blue line when the adult ran into him. The adult feel to the floor and when he got back to his feet punched my son in the face. I tried to have charges laid against this person but was told by the RCMP that there wasn't enough evidence to take it to court. Stange system we have. If I hit my own son I could be brought up on charges myself.


City:
Kingston,ON Canada
Date:
03 Feb 2004
Time:
19:34:49

Comments

where to get hockey games for 30 dollers in Kingston and what hockey games


City:
Coaticook
Date:
25 Feb 2004
Time:
11:21:28

Comments

I am 13 years old and I play contact hockey with 15 and 16 years old Kid and I am still alive. I only broken two ribs.


City:
wausau
Date:
10 Mar 2004
Time:
08:59:42

Comments

Body checks are one thing, when someone purposely punches or does somthing to hurt someone that is not. The hockey players who broke the other players neck should be put in jail.


City:
wausau
Date:
10 Mar 2004
Time:
09:02:03

Comments

they should charge all other sports with assault if they assault someone. Sports figures seem to be protected from the rules of society


City:
Philadelphia
Date:
23 Mar 2004
Time:
10:15:46

Comments

No because of they are good!!!~~ 1 holla im out~


City:
Mount Pearl,NL
Date:
04 May 2004
Time:
16:12:25

Comments

The players in the NHL are not kids who donít know the difference these are grown men who have been playing hockey for most of there life and should know right from wrong and know that it is wrong to hit someone from behind where the other player canít see him. I think hockey is the best sport in the world and I know these things are wrong but what about the kids who sit and watch these games they are going to think itís right to go on the ice or on there street and do these thinks too just like they seen there favorite player do the night before.


City:
miscouche
Date:
31 May 2004
Time:
07:43:44

Comments

i think it should stay because thats y most people watch hockey. I also think that steve moore was lookingfor the hit that he got from Bertuzie. Good job todd.


City:
sydney mines,nova scotia
Date:
31 May 2004
Time:
15:11:35

Comments

i think hockey is getting slower and slower


City:
Georgetown
Date:
05 Dec 2004
Time:
13:14:11

Comments

Roughness is a part of the game of Hockey. The recent incidents involving the swinging of a stick should, and have resulted in charges, however, if a player is to get involved in a fight on the ice they should not be charged because, like it or not, it has become a part of the game.


City:
florence  n.s
Date:
20 Dec 2004
Time:
19:44:38

Comments

i play hockey,it can be a rough game BUT it should be handled within the league PERIOD