NHLPA/Saskin Email Controversy (Saskin fired)

[Wetcoaster]

"The union's computer server, which might hold clues to how players were affected by the privacy breach, has not been examined by forensic investigators."

Let me change that to WILL. If the Toronto police are going to proceed, then this is the 1st thing they should issue a subpoena/warrant for - However the legal system works in CAN.

Not necessary.

The police do not require a warrant if the NHLPA (the executive) authorize the police to check the server.

Like any other employer who complain to the police about alleged wrongdoing by an employee, they can turn over whatever the NHLPA thinks will assist in the investigation.

 

[blitzkriegs]

Like any other employer who complain to the police about alleged wrongdoing by an employee, they can turn over whatever the NHLPA thinks will assist in the investigation.

Sounds discretionary on the part of the PA though, no? Obviously, they would want to turn over everything within the purview of the investigation, but your sentence makes one think that is discretionary, not enforceable. I defer to you, but just seeking some clarification on your sentence.

 

[Wetcoaster]

Sounds discretionary on the part of the PA though, no? Obviously, they would want to turn over everything within the purview of the investigation, but your sentence makes one think that is discretionary, not enforceable. I defer to you, but just seeking some clarification on your sentence.

You have to read the whole post to get the context.

If a complaint has been made to police by the NHLPA why would they not cooperate?

 

[blitzkriegs]

You have to read the whole post to get the context.

If a complaint has been made to police by the NHLPA why would they not cooperate?

Yeah, I read it. Now, twice.

It's not "why would they not cooperate," but rather it is discretionary on the part of the PA to provide "any and all documents" unless otherwise ordered to by a legal authority under the court.

Just b/c the police were called doesn't mean someone provides everything to suffice the investigation. Many investigations conducted by the police go nowhere initially b/c the complainer does not provide everything.

 

[Wetcoaster]

Yeah, I read it. Now, twice.

It's not "why would they not cooperate," but rather it is discretionary on the part of the PA to provide "any and all documents" unless otherwise ordered to by a legal authority under the court.

Just b/c the police were called doesn't mean someone provides everything to suffice the investigation. Many investigations conducted by the police go nowhere initially b/c the complainer does not provide everything.

Very simple. If you are the complainant in what is essentially a white collar investigation and you do not cooperate, the police have better things to do.

 

[blitzkriegs]

Very simple. If you are the complainant in what is essentially a white collar investigation and you do not cooperate, the police have better things to do.

sure do, such as conclude their investigation, kick it over the DA's office and let me decide if there is an action to move forward on. From there, they have the ability to get the records that the complainant may not have completely turned over.

Maybe this doesn't happen in the CAN legal system, but it sure does happen in the US.

 

[Wetcoaster]

sure do, such as conclude their investigation, kick it over the DA's office and let me decide if there is an action to move forward on. From there, they have the ability to get the records that the complainant may not have completely turned over.

Maybe this doesn't happen in the CAN legal system, but it sure does happen in the US.

There is your problem.

This is Canada.

We do not have "DA's"

We have Crown Counsel who have no investigative powers. Warants in our system are obtained by peace officers not Crown Counsel.

The police do not forward such cases. If there is no charge beiing laid or recommended (depending upon the province), then that is it.

I have a Prime Minister,
not a President.
I speak English and French,
NOT American.
and I pronouce it ABOUT,
NOT A BOOT.

I can proudly sew my country's flag on my backpack.
I believe in peace keeping, NOT policing.
DIVERSITY, NOT assimilation,
AND THAT THE BEAVER IS A TRULY PROUD AND NOBLE ANIMAL.
A TOQUE IS A HAT,
A CHESTERFIELD IS A COUCH,
AND IT IS PRONOUCED 'ZED' NOT 'ZEE', 'ZED'!

CANADA IS THE SECOND LARGEST LANDMASS!
THE FIRST NATION OF HOCKEY!
AND THE BEST PART OF NORTH AMERICA!

MY NAME IS WETCOASTER!
AND I AM CANADIAN!

 

[blitzkriegs]

There is your problem.

This is Canada.

We do not have "DA's"

We have Crown Counsel who have no investigative powers. Warants in our system are obtained by peace officers not Crown Counsel.

The police do not forward such cases. If there is no charge beiing laid or recommended (depending upon the province), then that is it.

I have a Prime Minister,
not a President.
I speak English and French,
NOT American.
and I pronouce it ABOUT,
NOT A BOOT.

I can proudly sew my country's flag on my backpack.
I believe in peace keeping, NOT policing.
DIVERSITY, NOT assimilation,
AND THAT THE BEAVER IS A TRULY PROUD AND NOBLE ANIMAL.
A TOQUE IS A HAT,
A CHESTERFIELD IS A COUCH,
AND IT IS PRONOUCED 'ZED' NOT 'ZEE', 'ZED'!

CANADA IS THE SECOND LARGEST LANDMASS!
THE FIRST NATION OF HOCKEY!
AND THE BEST PART OF NORTH AMERICA!

MY NAME IS WETCOASTER!
AND I AM CANADIAN!

Hence why I sought clarification which did not warrant the . Finally, you provided the way the process works. All I originally asked for, especially when you had full knowledge in two posts that i was unaware of how it worked.

Good for you on your CAN patriotism...unnecessary here, but whatever floats your boat.

 

[Fugu]

I have a Prime Minister,
not a President.
I speak English and French,
NOT American.
and I pronouce it ABOUT,
NOT A BOOT.

I can proudly sew my country's flag on my backpack.
I believe in peace keeping, NOT policing.
DIVERSITY, NOT assimilation,
AND THAT THE BEAVER IS A TRULY PROUD AND NOBLE ANIMAL.
A TOQUE IS A HAT,
A CHESTERFIELD IS A COUCH,
AND IT IS PRONOUCED 'ZED' NOT 'ZEE', 'ZED'!

CANADA IS THE SECOND LARGEST LANDMASS!
THE FIRST NATION OF HOCKEY!
AND THE BEST PART OF NORTH AMERICA!

MY NAME IS WETCOASTER!
AND I AM CANADIAN!

You forgot the most important part. YOU DRINK MOLSON.

 

[Wetcoaster]

Hence why I sought clarification which did not warrant the . Finally, you provided the way the process works. All I originally asked for, especially when you had full knowledge in two posts that i was unaware of how it worked.

Good for you on your CAN patriotism...unnecessary here, but whatever floats your boat.

I assumed that when I was mentioning the Toronto police you would extrapolate I was talkng about the Canadian judicial system.

As far as the "CAN" patriotism" it is simply a reprise of a Molson Canadian beer commercial by "Joe", an average Canadian guy.
http://www.coolcanuckaward.ca/joe_canadian.htm

No wonder we beat you guys when you tried to invade Canada

 

[Wetcoaster]

You forgot the most important part. YOU DRINK MOLSON.

Actually I drink Hoegaarden (a Belgian white beer) - a developed taste when I spent some time in Belgium a number of years ago. Give it a try.

Everyone to whom I serve it raves about it.

 

[Fugu]

NHLPA Hires Chris Paliare To Advise on Saskin Contract

Here's the latest from Allan Maki of the G&M:

NHLPA hires lawyer for advice on Saskin's future
ALLAN MAKI
From Tuesday's Globe and Mail

...

Chris Paliare, a Toronto-based lawyer, has been retained to advise the NHLPA's interim executive committee and 30 player representatives on how to proceed against Saskin, who was put on a paid leave of absence nine days ago after it was learned he had allegedly been accessing the players' e-mail accounts.

...

The NHLPA may decide to try to terminate Saskin's job for cause, claiming his five-year, $10-million (U.S.) contract was obtained improperly. It's also possible the players could seek compensation from Saskin, alleging NHLPA money was spent without the consent of the board.

Maki also mentions that Paliare was the guy Saskin recommended to head the internal investigation instead of Block. Must be a short list of attorneys in TO.

 

[Larionov]

Palaire is going to tell them to pay Saskin and Kim their severance as per their contracts. As Wetcoaster will know well, the courts have taken an increasingly narrow view of what constitutes just cause for dismissal, and have been increasingly generous with severance. Put simply, the NHLPA will likely get its lunch eaten should they end up in a wrongful dismissal suit with Saskin, at which time Saskin would likely seek extensive punitive damages. The simplest thing for the 'PA to do is what every other company has to do with senior execs when they want to fire them -- pay them out, even if you don't feel like you should have to, and move on.

 

[LadyStanley]

http://www.globesports.com/servlet/...rtsHockey/?page=rss&id=RTGAM.20070403.wsptpa2

4/2 conference call. Numerous subjects discussed with 30 player reps. Paliare outlined potential courses of action; hasn't talked with Saskin (who's "on vacation"); sounds like no course of action will suggested until after that conversation is held.

 

[GuloGulo]

Actually I drink Hoegaarden (a Belgian white beer) - a developed taste when I spent some time in Belgium a number of years ago. Give it a try.

Everyone to whom I serve it raves about it.

Decent beer! Been to the brewery myself.

Brought home a few bottles to show case, along with them hexagonal drinking glasses.

Not my fave of the Belgians brews though

 

[Wetcoaster]

Palaire is going to tell them to pay Saskin and Kim their severance as per their contracts. As Wetcoaster will know well, the courts have taken an increasingly narrow view of what constitutes just cause for dismissal, and have been increasingly generous with severance. Put simply, the NHLPA will likely get its lunch eaten should they end up in a wrongful dismissal suit with Saskin, at which time Saskin would likely seek extensive punitive damages. The simplest thing for the 'PA to do is what every other company has to do with senior execs when they want to fire them -- pay them out, even if you don't feel like you should have to, and move on.

Punitive damages are extremely rare in wrongful dismissal cases.

The NHLPA hired the right guy to do the job when they retained Chris Paliare to advise them. Here is his bio and qualifications:
http://www.paliareroland.com/profilesDetail.asp?id=1

Unless there is a real "smoking gun" found during the investigation - the advice in such cases is to settle rather than go to court.

 

[Fugu]

The Sports Business Journal has a pretty long article about Goodman, and the controversy over Saskin's hiring, the timing of key decisions, etc.

Frozen Out
Almost two years after it happened, no one seems sure how the intimidating Bob Goodenow lost control of the NHLPA


By LIZ MULLEN
Staff writer
Published April 16, 2007

...

But the crisis enveloping the union really began when Goodenow was quietly deposed sometime during the labor negotiations. And make no mistake, Goodenow was fired, despite statements to the contrary he made in public just days after players ratified a labor agreement he did not negotiate. In addition, his firing violated the NHLPA constitution, as it was done without a vote of the executive committee, let alone of the executive board, the group that has the authority over the executive director.

Much of what happened has been shrouded in secrecy. Goodenow dropped out of sight and hasn’t spoken publicly about his departure from the NHLPA or the lockout since July 2005. His attorney, Jane Milburn, said last week that he cannot comment under terms of a confidentiality agreement.

Even many player representatives don’t know how the NHLPA agreed to accept the current labor deal.

 

[Weary]

Saskin's fate is about to be decided, Allan Maki at globeandmail.com.

Now finally, the fate of the quasi-exiled union boss is about to be decided. This week, a conference call will be held involving Toronto lawyer Chris Paliare and the player representatives from the 30 NHL teams.

 

[Squiffy]

Pretty damning report.. don't let the door hit you on the way out guys...

http://www.thestar.com/Sports/article/212421

 

[Wetcoaster]

Interesting ramifications as well for the Saskin loyalists:
http://www.canada.com/theprovince/columnists/story.html?id=28482212-3260-4d2e-a311-958a8294d6ef&p=1

 

[Ted Hoffman]

The best part of that story:

Goodenow, meanwhile, the one man who has always had the players best interest at heart despite his autocratic style, is relaxing at his home in Northern Michigan watching the proceedings with no interest in returning.

I'm sure he has to and with every story that comes out on this.

 

[Alan Jackson]

Interesting ramifications as well for the Saskin loyalists:
http://www.canada.com/theprovince/columnists/story.html?id=28482212-3260-4d2e-a311-958a8294d6ef&p=1

I thought the following quote from the above article was interesting:

"There are whisperings of phone calls allegedly being eaves-dropped upon at NHLPA headquarters and lots of other cloak-and-dagger stuff but, curiously enough, nothing of negative note seems to have been mentioned about former president Trevor Linden, who during the lockout and ever since has been a staunch Saskin supporter."

 

[Wetcoaster]

The best part of that story:

I'm sure he has to and with every story that comes out on this.

Say what you will about Goodenow's personal style, he always did what he thought was in the best interests of the NHLPA. Considering the mess he inherited from Eagleson, he did a remarkable job.

 

[Ziggy Stardust]

Say what you will about Goodenow's personal style, he always did what he thought was in the best interests of the NHLPA. Considering the mess he inherited from Eagleson, he did a remarkable job.

Until 2005, where his 11th hour negotiating tactics finally caught up to him and led to his dismissal, albeit a lucrative dismissal...

 

[GKJ]

http://www.tsn.ca/news_story.asp?ID=207292&hubName=main

For those looking for the TSN link.


Yeah, I bet Goodenow is laughing.




Just what we wanted. Right in the middle of the playoffs.