When a London, Ont., judge ruled on Thursday that all five players involved in the 2018 Hockey Canada sexual assault trial were not guilty on all charges, the NHL found itself at a crossroads of moral decency.
Should the players, who have already missed more than a year while fighting for their freedom, be allowed to resume their NHL careers? Or do they need to spend additional time away from the league for not living up to the ethical standards of being an NHLer?
So far, the league is choosing the latter.
"The allegations made in this case, even if not determined to have been criminal, were very disturbing, and the behavior at issue was unacceptable," the NHL's statement said. "We will be reviewing and considering the judge's findings. While we conduct that analysis and determine next steps, the players charged in this case are ineligible to play in the league."
This was the right decision, even if it wasn’t necessarily an easy one.
No, the easy decision would have been for the league to follow the court’s lead and clear the players, allowing them to get on with their lives and resume their NHL careers as if nothing had happened. The easy decision, which the NHL has chosen at times in the past, would have been to put winning above everything else.
After all, these are not just ordinary players. These were Canada’s best junior players in 2018. They were potential stars.
Michael McLeod and Cal Foote were first-round picks of the New Jersey Devils and Tampa Bay Lightning, respectively. Dillon Dube, who was the captain of the world junior team, had spent six seasons with the Calgary Flames. Alex Formenton was coming off an 18-goal season with the Ottawa Senators. Carter Hart was the No. 1 goalie for the Philadelphia Flyers.
All of them had bright futures. Considering they are in their mid-20s, they still do. And yet, their futures may no longer be in the NHL.
By ruling that all players were essentially “free to go,” McLeod, Foote, Dube, Formenton and Hart should theoretically be allowed re-sign with an NHL team of their choosing. Some, like Hart, were already being linked to several teams who are in dire need of goaltending.
But playing in the NHL is a privilege – not a right. And despite how badly the Edmonton Oilers might have needed an upgrade in net, the NHL is making it clear that there is a distinction between a court of law and the court of common decency.
What the players did behind closed doors after a night of drinking at a Hockey Canada gala honoring their victory at the 2018 World Junior Championship might not have been criminal. But it was wrong on several levels. Regardless of consent, a young woman was taken advantage of and put in danger by a group of young men who became the poster boys for the toxic masculinity and negative culture that still pervades the sport.
This move from the NHL sends a strong message, not only to the rest of the league – but to the fans as well.
The only question is, how long can the NHL punish them? Is one year enough? Two years? Indefinitely?
Stan Bowman, Joel Quenneville and Al MacIsaac, who were ruled ineligible “as a result of their inadequate response upon being informed in 2010 of allegations that Chicago Blackhawks player Kyle Beach had been assaulted by the team’s video coach,” were reinstated on July 1, 2024, after spending two-and-a-half years out of the league.
Maybe that sentence will serve as a starting point.
The NHLPA disagreed with this viewpoint, arguing that the NHL’s decision “is inconsistent with the discipline procedures set forth in the CBA.”
Obviously, nothing will be done in this situation until after the NHL is finished conducting its investigation. But it is probably safe to suggest that none of the players will be welcomed back into the league in time for the start of the season.
Based on the language that Gary Bettman once used to describe the players’ actions, calling them "abhorrent, reprehensible, horrific and unacceptable,” they may never be welcomed back.
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