Exploring the subcultural norms of the response to violence in hockey

Abstract

This study explores the question of how hockey players construct a response to violence in hockey. Law enforcement and the judiciary have been reluctant to apply legal norms witnessed outside of the hockey arena leaving a very small body of case law and a great deal of uncertainty as to where and when courts should intervene. Cultural theorists suggest that law is derived by institutionalizing norms that have already been developed and institutionalized by culture. We use a sample of elite hockey players in developmental leagues to better understand when they think a legal intervention is justified. We argue that their views can provide guidance to legal actors as to when the law should become involved in hockey violence.

Keywords:

• Hockey
• violence
• social control

Notes

Disclosure statement

No potential conflict of interest was reported by the authors.

Cases cited

Agar v. Canning, [1965] MJ No 24, 54 WWR 302.

Moore v. Bertuzzi, 110 OR (3d) 611; 2012 ONSC 3248

R v. Bertuzzi, [2004] BCJ No 2692, 2004 BCPC 472.

R v. Bradshaw, (1878) 14 Cox CC 83.

R v. Cey, [1989] SJ No 264, [1989] 5 WWR 169.

R v. Cicarelli, [1989] OJ No 2388, 54 CCC (3d) 121.

R v. Coney, (1882) 8 QBD 534.

R v. Green, [1970] OJ No 1699, [1971] 1 OR 591.

R v. Jobidon, [1991] SCJ No 65, [1991] 2 SCR 714.

R v. Maki, [1970] OJ No 1607, [1970] 3 OR 780.

R v. McSorley, [2000] BCJ No 1993, 2000 BCPC 116.

R v. Moore, (1898) 14 TLR 229.

Notes

1 We use Canadian terms here, although criminal law in the United States is similar in many respects. The Criminal Code in Canada is national (not state or provincial) legislation. The American equivalent of a summary offence is a misdemeanor; of an indictable offence, a felony. Assault law allows the prosecutor to proceed summarily (for a summary offence if convicted) or by indictment (for an indictable offence [felony]).

2 The nominal fines have almost no deterrent value. The salary of a professional athlete is high, considering the minimum salary in the NHL is $550,000 for the 2014–2015 hockey season and $575,000 for the following season. In the final year of the Collective Bargaining Agreement, the minimum salary will go up to $750,000 for the 2021–2022 season. Therefore, even a player making the league minimum is still very well compensated. Considering most fines imposed by the leagues are relative to salary, small amounts of money, professional players are not likely to let fines determine how they play the game. Suspensions without salary are likely to greater effect.

3 Black suggests that the following characteristics have an impact on the case: the social standing of each individual; the social distance separating the parties; the financial status of the parties; whether the parties are individuals or organizations; race, religion, and lifestyle; and the social characteristics of the lawyers and the third parties.