Justice Department reviewing two-year James sentence

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As the outrage builds over the two-year prison sentence Graham James was handed yesterday, the Manitoba Justice Department is considering the merits of an appeal, reports the Winnipeg Free Press.

Provincial Court Judge Catherine Carlson handed down her decision in a packed Winnipeg courtroom and was almost immediately criticized across the country for being too lenient on the former junior hockey coach.

He had pleaded guilty to repeatedly and systematically sexually abusing former NHL star Theoren Fleury and Todd Holt, Fleury’s younger cousin, when he coached them as teenagers during the 1980s and early 1990s.

The Crown wanted a six-year sentence while the defence asked for a conditional sentence with no jail time.

The two-year sentence means James will serve his sentence in a federal prison. He is eligible for day parole in September, when he will have served six months. He’s eligible for full parole when he serves one-third of his sentence, meaning he could be released in November.

Granted I’m not a lawyer, but unless the Crown can prove the judge made an error of law, I’d presume a successful appeal is unlikely. (Again, not a lawyer.)

Via the Manitoba Court of Appeal:

In an appeal, the person who lost in the lower court argues that the judge made a mistake. For example, the judge in the lower court may have used the wrong law. It is important to identify what mistake you think the judge made. An appeal court cannot change the decision just because they disagree with it. The lower court is entitled to hear the evidence and come to its own decision. The appeal court may only change that decision if the lower court made a mistake as to the law or significantly misunderstood the evidence.

So far I haven’t heard anyone argue the judge made a legal error – only sweeping statements that James should’ve been handed a stiffer sentence.

As Postmedia’s Christie Blatchford points out, Carlson was limited by “all the decisions by other judges that came before hers.”

Blatchford adds the key point: “Common sense is not so constrained or constipated, and it is that which sometimes separates the law from public opinion.”

Fight video: Flyers’ Manning vs. Penguins’ Gaunce

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Breaking: the Pittsburgh Penguins and Philadelphia Flyers don’t like each other.

The stakes might be higher for the Penguins than the Flyers – aside from those who still believe Philly has a shot at a playoff run – their rivalry rarely subsides.

With that in mind, it’s no surprise that Sunday featured at least one fight, with Cameron Gaunce squaring off against Brandon Manning in a pretty spirited bout.

Manning isn’t shy about fighting, by the way; this was his seventh bout of the season, according to Hockey Fights.

Higher on the radar for the Penguins is the situation for Conor Sheary, who has been absent from the ice since about midway through the first period. PHT will keep an eye out for updates on what could be yet another injury for the health-challenged Pens.

Dreading the work week? Watch this dog get ‘ice time’ with puck

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Life is difficult, complex and confusing. Good thing we have dog videos.

Forgive this video being one night late, but for those of us who watch cute animal clips, time is a furry circle. Or something like that.

Anyway, this golden retriever got a little “ice time” before the Washington Capitals’ game against the Arizona Coyotes on Saturday in what would end up being a 4-1 win for the Caps. It’s an excellent video featuring a top-notch, hilarious pooch.

Alternate joke: Now that is some puck retrieval.

Patrik Laine’s out sick for Jets on Sunday

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Patrik Laine and Auston Matthews are locked with identical goals (34), assists (27) and points (61) on Sunday, which is remarkable since Laine has played in 67 games versus 75 for Matthews. He won’t get a chance to beef up his numbers on Sunday, either.

It looks like the high-scoring rookie is missing the Winnipeg Jets’ contest against the Vancouver Canucks because of an illness, according to TSN’s Sara Orlesky.

The Jets are almost assured to miss the playoffs, so seeing Laine lose a chance to bolster his Calder argument adds a little extra sadness to the night.

NHL schedules hearing for Micheal Haley’s sucker-punch on Calle Jarnkrok

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The NHL’s Department of Player Safety announced a Monday hearing for San Jose Sharks tough guy Micheal Haley for his “roughing/sucker punch” on Calle Jarnkrok of the Nashville Predators.

The league didn’t specify if Haley will face a telephone or in-person hearing on Monday afternoon. They did, interestingly, use the phrase “sucker punch” in that official announcement.

Haley received a match penalty during the game. Sharks head coach Peter DeBoer was highly upset about the hit that inspired Haley’s actions.

“When you run someone from behind in a game like that, you probably deserve to get a punch in the mouth,” DeBoer told reporters.

In other bad news for the Sharks, CSN Bay Area’s Kevin Kurz reports that Logan Couture‘s situation isn’t looking promising after he was hurt on Sunday.