Hart, McLeod, Dube, Foote, Formenton found not guilty of sexual assault

[cam_calderon]

Originally Posted by Cycling76er

Press conference where? For what exactly?

From The Athletic:

On Monday, London Police will address the public for the first time since charging five members of the 2018 Canadian world junior hockey team for sexual assault in connection with a 2018 incident in which a young woman said she was sexually assaulted by a number of players in a London, Ont., hotel room following a Hockey Canada celebration honoring their championship run.

[Sec214]

Biggest question will be what changed between when the investigation closed to the investigation reopening.

[cam_calderon]

Originally Posted by Sec214

Biggest question will be what changed between when the investigation closed to the investigation reopening.

Hopefully some introspection and consequences for their bungling of the investigation.

[GioforPM]

Originally Posted by Sec214

Biggest question will be what changed between when the investigation closed to the investigation reopening.

The story got reported.

[Winsor_Pilates]

I expect a lot of covering their own butts

[Parallex]

Originally Posted by Enoch Root

The article explains the path being taken, and there is little to argue with it.

...I dunno. I could argue with it. I mean, geez, we've seen people charged with less heinous crimes have their contract terminated (prior to conviction). Why should this be any different? What's the worst that could happen? Jury can't establish "beyond a reasonable doubt" and the Flames have to pay him the money that they're paying him anyways?

[taxbuster]

Always fascinating to me: people who are NOT lawyers talking about how law works, without the proviso of saying (then or previously) IANAL, especially when they then take issue with comments made by actual criminal or employment/commercial contract lawyers.

Too much "Law and Order" (US law, dramatized, and not Canadian).

Although IANAL I've spent 40 years in tax and management often dealing with legal, employment and criminal issues in business. Some experiences there.

[Icantwhisper]

Originally Posted by taxbuster

always fascinating to me: People who are not lawyers talking about how law works, without the proviso of saying (then or previously) ianal, especially when they then take issue with comments made by actual criminal or employment/commercial contract lawyers.

Too much "law and order" (us law, dramatized, and not canadian).

Although ianal i've spent 40 years in tax and management often dealing with legal, employment and criminal issues in business. Some experiences there.

objection!!!!

[loob job]

I heard that the press conference is at 2 ET......Edit....Sorry, just saw this was posted already but I'll leave it here anyway in case someone missed the previous one.

[Hockey Fan #751]

Originally Posted by Jay Random

Well, of course people are looking for another chance to hate on the Flames. That's what Flames fans do best.

Nobody here seems to be criticizing New Jersey or Philly for doing exactly the same thing the Flames did (bar the ‘mental health’ wording of the press release).

At this point, with respect to Dube, the Flames have two options:

1. Suspend him with pay for the rest of the year and then let him go away.
2. Try to cancel his contract, fight the NHL over it, fight the PA, pay lawyers to fight an inevitable countersuit, and likely end up paying his remaining salary anyway.

The only reason to do #2 is to appease a bunch of people on the Internet who want to see someone hang. Why bother? I'm pretty confident that Dube will be sufficiently punished by the courts and by the loss of his NHL career. But neither of those things is going to happen now! now! now!, so they're not good enough for a few people who think retribution ought to be instant and comprehensive.

That's the difference between being in a Canadian market versus a U.S. one. The Devils not only re-signed McLeod this past summer, they also signed Cal Foote when really any depth defenceman would have been fine. If they were a Canadian team, they'd have a lot to answer to but nobody is talking about them.

[topfiverecords]

Originally Posted by Icantwhisper

objection!!!!

Order in the court!

[PeteMoss]

Originally Posted by Enoch Root

The article explains the path being taken, and there is little to argue with it.

My only issue is that the teams are effectively being punished by having these contracts count against the cap. I think the NHL could improve the situation - and take some public opinion heat off the teams - by treating these as non-roster in some way, to remove them from the cap, and leave teams in a position to replace them.

Having them count for the cap is effectively punishing the teams, which I don't think is right.

They clearly don't have to wait for anyone to be found guilty to end the contract as seen by the other times this has occurred.

It may have come down from the NHL to not end the contract, they may have decided its cheaper to pay the guy his last few pay cheques then it would be to deal with a grievance into doing it, especially one they think they will lose or they just don't want the headache.

I don't know enough about the particulars to get too worked up over that decision but they clearly can do it based on other cases where contracts were terminated before people were found guilty or even ever charged with a crime.

[PepsiFree]

Originally Posted by PeteMoss

I don't know enough about the particulars to get too worked up over that decision but they clearly can do it based on other cases where contracts were terminated before people were found guilty or even ever charged with a crime.

I don’t believe they’ve ever done it in a circumstance where the incident occurred before/outside the contract in question.

Both Kane and Perry’s incidents occurred while they were on contract and current members of the team in question.

[calumniate]

Is it monday yet?

[Rod Hockey]

That Dube pedestal Jersey for Xmas was the best gift idea for my Daughter EVER!!!

[Aarongavey]

Publication ban on the victim’s name along with the names of two witnesses announced today by the Court.

https://x.com/rwesthead/status/1754516330198249728?s=12

[powderjunkie]

Originally Posted by PepsiFree

I don’t believe they’ve ever done it in a circumstance where the incident occurred before/outside the contract in question.

Both Kane and Perry’s incidents occurred while they were on contract and current members of the team in question.

Dubé for sure (and probably most of the players) had signed his ELC. You can argue exactly when the contract took effect, but IMO it is reasonable to say he was 'under contract'. He had played games for the Stockton Heat and attended Flames training camps prior to June 2018...he made his debut for the Flames on Oct 3, 2018 - less than 4 months after this incident.

[PepsiFree]

Originally Posted by powderjunkie

Dubé for sure (and probably most of the players) had signed his ELC. You can argue exactly when the contract took effect, but IMO it is reasonable to say he was 'under contract'. He had played games for the Stockton Heat and attended Flames training camps prior to June 2018...he made his debut for the Flames on Oct 3, 2018 - less than 4 months after this incident.

That’s not how contracts work, though. You can’t cancel contracts that have already ended.

Vancouver had to buy out Virtanen’s contract.

[GioforPM]

Flames got rid of a coach for an incident long before his contract, but of course, that was a private employment contract and not a collectively bargained one. And I suspect the Flames paid a hefty severance - maybe the whole thing. The equivalent to firing Peters and paying a severance would be a buyout but you can't buy out Dube's contract.

Thing is for the Flames - he's taken a leave, not listed on the roster, he has only a half season left on his contract and presumably won't be re-signed. And the Flames have no need of his cap space. There's no real need to do anything.

[taxbuster]

Originally Posted by GioforPM

Flames got rid of a coach for an incident long before his contract, but of course, that was a private employment contract and not a collectively bargained one. And I suspect the Flames paid a hefty severance - maybe the whole thing. The equivalent to firing Peters and paying a severance would be a buyout but you can't buy out Dube's contract.

Thing is for the Flames - he's taken a leave, not listed on the roster, he has only a half season left on his contract and presumably won't be re-signed. And the Flames have no need of his cap space. There's no real need to do anything.

Agreed - the only possible reason is "optics"...and I suspect that would be an extremely expensive proposition; more than it's worth and more than just paying him out the season's remainder.