Misconduct
Aside from “Law Librarian” and “Slaw contributor” one of my alter-egos is a Minor Hockey Referee in the Hockey Canada system. I have always been somewhat amused by the dichotomy between my days and my evenings. In one pursuit I research, organize and provide access to legal information; in the other pursuit I act as judge, jury and executioner (if you will allow my to coin that phrase), enforcing the rule book (penal code) of Hockey Canada. In one pursuit I deal with a lot of whining and players who just cannot believe that they can do anything wrong, in the other I blow a whistle.
I have long theorized that it might be useful if the rules of hockey and the rules of living in Canada (i.e. the Criminal Code etc) borrowed from one another. I’ve long thought about writing on this in depth, there are several examples where I think some kernel of usefulness could be gleaned. Back in September, when the new hockey season was getting started, some of you may have heard of the new rule standards of Hockey Canada. In essence referees have been directed to enforce the existing restraining fouls and penalties far more strictly than we have in the past. I’m going to resist the comparison to the government’s get tough on crime approach beyond saying that I’ve dealt with full penalty boxes before.
One of the prime examples where I think something useful could be gleaned is rule 47 of the Hockey Canada Rulebook, the Misconduct Penalty. Essentially this is a 10 minute penalty that a player receives for acting like a fool. The nature of a 10 minute misconduct penalty is that a player is ruled off the ice for 10 minutes of playing time, however; their team is allowed to replace them on the ice, thus the team does not suffer as it is not shorthanded, they are simply without the services of the player in question for 10 minutes. Officials often use this penalty to let a player go in the penalty box and think about their actions before they return to the ice. Imagine if this idea could be harnessed in the Criminal Code. Say someone has committed a minor offense or has committed a series of small acts, generally acting like a fool. As a society we could give that person the equivalent of a Misconduct penalty. It would not necessarily be a criminal offence simply a timeout from the regular course of life or society, to think about their actions before returning to play. There is basis for a comparison to house arrest but that does not quite catch the spirit of the Misconduct.
There are other areas where I believe crossover would be useful, but I’ve come close to a Friday afternoon mental ramble so I will leave it at that. But if you watch HNIC this weekend pause a moment to consider a rule that is being enforced and if it might have wider application…………
Fodden’s been known to take a dive once in a while. Can we call him the Kenny Linsman of Slaw? ;-) Just kidding Simon, you can can accuse me of ‘hooking’ in a subsequent comment. Free shot, go for it! Face wash in the corner…
Fantastic post Mark, very Canadian!
I’m trying to figure out what the legal equivalent of a puck in the net and a hat trick would be…. 8-}
Great post, Mark!
Face wash in the corner, indeed, Steve! But not with Vancouver water, I think, whether frozen or not.
Steve, it is interesting that you mention Ken “the rat” Linsman, as he is responsible for the 18 year old draft. Back when he was 18 he sued the NHL for the right to make a living at 18 and won. This resulted in the greatest entry draft ever as well as 18 years olds being drafted to play with men, ever after. It is Sat morn right now, but I’ll look up the details and post later. Maybe even go into the Gross Misconduct….. however I am heading to the rink for 4 hours this afternoon.
ML: ” I have long theorized that it might be useful if the rules of hockey and the rules of living in Canada (i.e. the Criminal Code etc) borrowed from one another. ”
But, then, you might have to let goalies, once active, still active, and whatever might be left, to have an input. Ask yourself this. Assuming we want to limit the input to those who are at least outwardly rationale people, do we want to allow goalies to have input? Remember that it’s the goalie’s job is NOT to get out of the way of hard objects (and the occasionally body) moving at high speeds.
David Cheifetz
Bennett Best Burn LLP
(Once a goalie. Also, once, one of Mr. Fodden’s students. I doubt there was a connection.)
Hmmm, this puts a whole new light on Dryden’s candidacy…..