History and Trivia: Hockey's Worst Assault

Sportslaw History: Hockey's Worst Assault

Two Canadian Courts acquitted combatants in 1969 stick-swinging incident

Criminal assault occurs when one unjustifiably and intentionally uses forces upon another with intent to cause injury. The crime usually involves a threat of harm, coupled with improper contact with the other person.

As every fan knows, ice hockey involves considerable body contact and occasional fighting. Many consider the hits, blows and fights as as a part of the game. The NHL has rules regarding penalties for such infractions. Over the years, many have been hurt in hockey altercations, but few cases have gone to criminal court. This one did.

In 1969, an exhibition game between the Boston Bruins and St. Louis Blues occurred in Canada. Ted Green, a Boston player with the reputation of being physically aggressive, swung and hit Maki on the head. Wayne Maki, a player who did not have the "physical" reputation that Green had, then turned and speared Green on the head with his stick, which fractured Green's skull and required the surgical insertion of a metal plate in his head. Green was out the entire season. At the time of the incident, the players did not wear helmets.

After the incident, Ontario authorities filed criminal charges against both players. Two different courts heard the cases.

In Regina v. Green the court acquitted Green. The judge noted that violent activities occur hundreds of time in a season and that the players are prepared for this kind of activity when they skate. The nature of the game makes this activity a natural consequence, even though the acts would be assaults in other walks of life. In Regina v. Maki, the court focused on the issue of "consent."

In a number of ways, this court was more skeptical of the "participation" defense. It noted that "no sports league should have their players immune from criminal prosecution." While consent is a defense in certain cases, "no athlete should be prepared to accept malicious, unprovoked or overly violent attack, with a definite intent to cause injury."

However, this court, too, acquitted. It concluded that was "reasonable doubt" about whether Maki used more than proportionate force in self defense.

In the US, a Sports Violence Act was proposed by a congressman in 1980 that would create a federal offense of "excessive violence during professional sports events."