The Canary reported in June 2011 that the Royal Canadian Mounted Police (RCMP) were investigating an incident in which 15 year old Blake Rose was felled by two cross-checks (which if properly administered are permissible) but then had his head stomped on in the waning minutes of a lacrosse game between the Kamloops Rattlers and Kelowna Kodiaks. The RCMP has just recommended to the Crown that a charge of simple assault be laid (click here for Kamloops Daily News article).
At the time of the incident, RCMP spokesman Staff Sgt. Grant Learned correctly noted that the investigation will hinge on whether ‘the nature of that contact [the cross-check and stomp] was so outside the boundaries of acceptable contact that the nature of misconduct was egregious and bordering into that realm of criminality?’
The courts in BC are not unique in their inconsistent approach to adjudicating sports violence. At its core, the courts struggle with how to accommodate the role of violence in sport and the extent to which participants consent to injurious force which is prohibited by the rules but may be permitted within the culture of the game. For example, in the rugby case of R v. TNB (BCPC 0117) in 2009, Honourable Judge S.D. Frame ruled that players consent to violent contact within and certain violent conduct outwith the rules of the game. Cognizant of the playing culture of the game, Frame J. stated that the ‘amalgam of rules includes the legitimate strategy of intimidation of the opposite team by head-butting, eye gouging, elbowing, raking and punching’ and noted that ‘none of these infractions is permitted by the written rules but it is accepted by the unwritten code of conduct at this level of play in the game of rugby.’ The defendant was found not guilty on the grounds that the punch was randomly thrown and not intended to target and hit the injured plaintiff and, as such, fit within rugby’s unwritten but accepted code of conduct.
With respect to J. Frame’s judgment in R v. TNB, if the lacrosse head stomping allegations are proven true, it is hoped that the court will make a bright line distinction that such conduct is criminal – period – irrespective of any fantasies relating to the ‘unwritten code’ or playing culture of the game, and that the proper means of penalizing such behaviour is not by a referee but through the courts.