Lawsuit against Hockey Canada, CHL over alleged 2018 sexual attack. Add 2003 WJC allegations to investigation

LadyStanley

Registered User
Sep 22, 2004
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Sin City
From Too Many Men podcast, they read a statement from Hockey Canada that the adjudication was finished, the report provided to all the parties. But as there is now an appeal in process, they aren't releasing anything to ensure the integrity of the appeal.
 

Golden_Jet

Registered User
Sep 21, 2005
22,849
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From Too Many Men podcast, they read a statement from Hockey Canada that the adjudication was finished, the report provided to all the parties. But as there is now an appeal in process, they aren't releasing anything to ensure the integrity of the appeal.
Then what, wait for the NHL report, and those appeals, then wait for police reports, and those appeals.
 

ponder719

Haute Couturier
Jul 2, 2013
6,620
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Philadelphia, PA
That is exactly the statement I would expect them to make, at least until such time as the unnamed 5 have surrendered and the first steps in the process are underway.
 

MeHateHe

Registered User
Dec 24, 2006
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Any of the lawyers on the site want to comment on the fact that these guys are given 12 days to turn themselves in? If they are currently outside Canada - considering that 25 of the 32 NHL teams are based in the US, that seems like a high probability - what legal mechanisms do the prosecution have to prevent these guys from finding a safe place outside North America? If they're inside Canada, CBSA could be flagged to keep them from leaving the country, but if they're in the US, what stops them from just jetting off to Havana or someplace?
 

Golden_Jet

Registered User
Sep 21, 2005
22,849
11,166
Any of the lawyers on the site want to comment on the fact that these guys are given 12 days to turn themselves in? If they are currently outside Canada - considering that 25 of the 32 NHL teams are based in the US, that seems like a high probability - what legal mechanisms do the prosecution have to prevent these guys from finding a safe place outside North America? If they're inside Canada, CBSA could be flagged to keep them from leaving the country, but if they're in the US, what stops them from just jetting off to Havana or someplace?
They are not determined a flight risk, there is nothing unusual about being asked to turn yourself in within X days.
 

oldunclehue

Registered User
Jun 16, 2010
1,222
1,328
Any of the lawyers on the site want to comment on the fact that these guys are given 12 days to turn themselves in? If they are currently outside Canada - considering that 25 of the 32 NHL teams are based in the US, that seems like a high probability - what legal mechanisms do the prosecution have to prevent these guys from finding a safe place outside North America? If they're inside Canada, CBSA could be flagged to keep them from leaving the country, but if they're in the US, what stops them from just jetting off to Havana or someplace?
Likeliness is due to the fact the Prosecution/Police have probably been in communication with the Players lawyers and representatives. These players have long known they were under investigation and the process. Should they not agree to turn themselves in USA has an extradition treaty with Canada and I would doubt any of these guys would want to be arrested on warrants in USA and have to deal with that process. Firstly it would look absolutely awful on them in regards to guilt, but also reputation.
 

Yukon Joe

Registered User
Aug 3, 2011
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YWG -> YXY -> YEG
Any of the lawyers on the site want to comment on the fact that these guys are given 12 days to turn themselves in? If they are currently outside Canada - considering that 25 of the 32 NHL teams are based in the US, that seems like a high probability - what legal mechanisms do the prosecution have to prevent these guys from finding a safe place outside North America? If they're inside Canada, CBSA could be flagged to keep them from leaving the country, but if they're in the US, what stops them from just jetting off to Havana or someplace?

So usual disclaimer: I am a lawyer. I'm not authorized to practice in Ontario (although Criminal law is federal and the same all across Canada).

It's not unusual for police to say "we have grounds to arrest you and we'd like you to turn yourself in". When a person does turn themselves in they're also much more likely to get released on more favourable Judicial Interim Release than if the police have to hunt you down.

There are three grounds to potentially deny someone bail in Canada, all found in s. 515(10) of the Criminal Code. The Primary ground is whether someone will show up for court. If you've voluntarily turned yourself in that's an excellent example that you'll show up for subsequent court dates. (the other grounds are the likelihood to commit further offences, and a catch-all to maintain confidence in the administration of justice).

The players are all Canadian citizens with significant ties to Canada. Even if they did in turn jet off to Cuba, we do have an extradition treaty with Cuba and we could request the Cuban authorities hand the person over.

And the thing is - sexual assault is a really hard offence to prove - in particular if you have a good lawyer (and I'm sure these players will have great lawyers). They'd have a LOT to lose by suddenly going on the run.

Because ultimately if the players don't turn themselves in police will just get an arrest warrant and proceed in that fashion.

I mean it's not unheard of for people to go on the lam, but it's more typical of people who are already have citizenship in another country and few ties to Canada. Because even in the worst case scenario if any of these players are convicted - they're facing what - three years (at least in Alberta R v Sandercock (1985), 62 A.R. 382 (CA)? Even after they serve that sentence they still have decades more to live in Canada. If you go on the lam that's forever - and Canada has extradition treaties with pretty much every country you'd want to live in. The idea of having to live the rest of your life in Russia doesn't sound all that appealling to me...
 

No Fun Shogun

34-38-61-10-13-15
May 1, 2011
56,398
13,256
Illinois
The Flames are either naive fools or they think we're all naive fools. No duh the leave of absence taken at the same time four other players were taking a leave of absence at a time when it was known that five players were going to be charged with something was connected.

Of course, I am not suggesting any of them of definitely guilty, but a blind person could see the connection between the folks taking leaves as charges were being filed.
 
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mouser

Business of Hockey
Jul 13, 2006
29,369
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South Mountain
The Flames are either naive fools or they think we're all naive fools. No duh the leave of absence taken at the same time four other players were taking a leave of absence at a time when it was known that five players were going to be charged with something was connected.

Of course, I am not suggesting any of them of definitely guilty, but a blind person could see the connection between the folks taking leaves as charges were being filed.

The Flames statement looks like very carefully crafted lawyer-speak to me.


We have now become aware of the charge of sexual assault that has been laid against Dillon Dube. We take this matter very seriously. Because the matter is now pending legal proceedings, we will have no further comment at this time.

We had no knowledge of pending charges at the time Dillon’s request for a leave of absence was granted
.


The team statement could be technically true. While at the same time misleading/deflecting what the team knew about the situation when they granted Dube personal leave.

Poorly handed by the Flames PR team in my opinion.
 

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