Hockey’s caveman culture must come out of the dark ages

Opinion

Everyone even remotely connected to hockey is no doubt straining under the weight of multiple feelings today.

The acquittal of five elite hockey players on charges of sexual assault was not unexpected. Throughout the eight-week trial, legal commentators flagged issues that undermined the Crown’s case. In the end, Justice Maria Carroccia reached the conclusion that the complainant in this case — known only as E.M. — was not reliable.

Many opinion writers have expressed concern about how this case demonstrates all that is wrong with the way the legal system views allegations of sexual assault. Those concerns are completely justified.

We need to reframe and modernize the way that system adjudges complaints of this kind, particularly the legal system’s definition of “consent,” a core element in the verdict.

Beyond the verdict, however, this case continues to highlight concern about the culture of elite sports in general and hockey in particular. A culture that made it OK for five young, privileged men to share a single woman for sexual gratification.

My concern isn’t some sort of puritanical repudiation of sexual kink; the spectrum of healthy sexual activity is, as it should be, very broad. My specific concern is that the athletes involved believed it was within the spectrum of healthy to take turns having sex with E.M. in each other’s presence.

That, in and of itself, raises a range of other issues, some that delve deep into the heart of hockey culture.

Although Hockey Canada and its member organizations are trying to promote a healthier attitude towards diversity and inclusion, and definitions of healthy sexual relationships, their efforts seem to be insufficient.

For example, since 2016, the Ontario Hockey League, one of Canada’s top junior hockey loops, has delivered an educational program on gender-based violence and sexual consent that is supposed to be mandatory for players on all 20 OHL teams.

Unfortunately, the sexual assault centres that helped build the program say some teams refuse to participate. The league claims it has no knowledge of teams refusing to participate. The league’s ‘hear no evil, see no evil’ attitude is one of the reasons why it seems that the caveman culture of hockey has been allowed to perpetuate.

Last year, Hockey Canada reported that penalties assessed under Rule 11.4 — which penalizes players for taunts or insults based on race, ethnicity, skin colour, language, religion, age, sexual orientation/gender identity or genetic characteristics — were skyrocketing.

Since it was introduced to the rule book in 2021-22, the number of Rule 11.4 infractions has gone up by 150 per cent. Even if this is partly due to an initial reluctance by referees to assess these penalties, it’s a sign that hockey continues to feature a toxic undercurrent of abuse and discrimination.

It seems more and more that even when a few responsible adults try to do something to address these concerns, some other adult comes along and undermines the positive efforts.

In 2023-24, the NHL had trouble figuring out how to deal with a handful of players who refused to participate in annual Pride celebration games. In response, some teams, such as the Toronto Maple Leafs ,made their own efforts to educate players about the importance of tolerance and inclusion.

In April 2023, the Leafs invited former U.S. Olympic hockey player Meghan Duggan to talk about how gay players were treated by the sport and by society in general. Duggan is gay and a well-known advocate for LGBTTQ+ athletes.

Duggan’s presentation, which the Leafs posted on social media, involved her asking the players to raise their hands in response to a series of questions that started from the very general to the very personal.

“Raise your hand if you’ve ever had to stand in front of someone and justify your right to be married.” Duggan was the only person to raise her hand.

“Raise your hand if you’ve ever had to fight to be recognized as the parent of your own children.” Again, Duggan stood alone with her hand up.

Duggan’s heartbreaking testimonial should have had a profound impact on the Leafs and, quite frankly, on all professional hockey teams. Unfortunately, it did not.

Winnipeg Free Press | Newsletter

Dan Lett | Not for Attribution

Tuesdays

A weekly look at politics close to home and around the world.

Sign up for Dan Lett | Not for Attribution

Sign Up

I agree to the Terms and Conditions, Cookie and Privacy Policies, and CASL agreement.

Shortly after Duggan spoke to the team, the Leafs and other NHL teams decided to no longer wear Pride-themed warm-up jerseys in deference to a handful of players who refused on religious grounds. They did allow players to use Pride-coloured tape on their sticks.

Then, in June, the NHL outright banned Pride jerseys, arguing the controversy over players refusing to wear them was overshadowing the fact that all 32 teams were still hosting Pride celebration nights. In October of the same year, the league banned Pride-coloured stick tape.

The inability of all levels of hockey to make unambiguous statements about racism, homophobia and sexual misconduct, and to punish those who refuse to get on board, is one of the main reasons we will never escape events like the trial of those five players.

It’s hard to know how to respond to our collective failure, but one step forward would be to stop letting the cowards make all the decisions.

dan.lett@winnipegfreepress.com

Dan Lett
Columnist

Dan Lett is a columnist for the Free Press, providing opinion and commentary on politics in Winnipeg and beyond. Born and raised in Toronto, Dan joined the Free Press in 1986.  Read more about Dan.

Dan’s columns are built on facts and reactions, but offer his personal views through arguments and analysis. The Free Press’ editing team reviews Dan’s columns before they are posted online or published in print — part of the our tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.