Graham James

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.”

Randy Carlyle left Jonathan Bernier in for 8 goals, but he had a very good reason

GLENDALE, AZ - OCTOBER 01:  Goaltender Jonathan Bernier #1 of the Anaheim Ducks during the preseason NHL game against Arizona Coyotes at Gila River Arena on October 1, 2016 in Glendale, Arizona. The Coyotes defeated the Ducks 3-2 in overtime.  (Photo by Christian Petersen/Getty Images)
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Earlier this season, the Montreal Canadiens dropped a 10-0 decision to the Columbus Blue Jackets, and Habs head coach Michel Therrien left Al Montoya in for all 10 goals against.

His refusal to pull Montoya made waves around the hockey world. The topic sparked a debate about unwritten rules in hockey.

On Sunday, it seemed as though the Ducks would reignite that debate, as they left Jonathan Bernier in the game for all eight goals in an 8-3 loss to the Calgary Flames.

But in his post-game press conference, Ducks head coach Randy Carlyle explained why he decided against putting John Gibson in the net.

Here’s an excerpt from the OC Register:

The situation might have called for Carlyle to pull (Bernier) but Gibson, who played Saturday in Edmonton, was suffering from stomach flu and diarrhea. Had Gibson been in condition to play, Carlyle said he would have pulled Bernier after the fourth Calgary goal.

“We kind of left him hanging high and dry,” Carlyle said. “We wouldn’t normally have never done that to him. In these situations, you can’t put people that are sick into the net. You’ve got to think big picture. Big picture is this game we couldn’t change (the score).”

Well, that sounds like a pretty good reason not to put the backup goalie in.

If you haven’t seen all eight goals the Ducks gave up tonight, here they are:

The Ducks have two days off before they host the Carolina Hurricanes on Wednesday. Gibson should be fine by then.

PHT Morning Skate: Are the Oilers handling Jesse Puljujarvi correctly?

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–The Oilers decided to keep Jesse Puljujarvi on their roster this season, but is that the right decision? He’s been a healthy scratch in three straight games, and even though he’s burned the first year of his entry-level contract, there’s still reasons to send him down to the AHL or Europe. (Edmonton Journal)

–The NHL season is almost two months old, but there are still some players that aren’t producing as much as we expected. The Hockey News looks at five players that aren’t living up to expectations right now. (The Hockey News)

–When we think of this year’s top rookies, we think of guys like Auston Matthews, Patrik Laine and Mitch Marner, but Carolina’s Sebastian Aho tends to fly under the radar. “He’s got a lot of skill, and he’s pretty smart and shifty. It’s not easy to come into this league and play well, and I think he’s done a pretty good job. Coming in and being able to handle the NHL at that age is impressive,” ‘Canes defenseman Justin Faulk said of Aho. (Sports Illustrated)

–Canadiens forwards Michael McCarron and Artturi Lehkonen go head-to-head in a “cookie race”. The first player to get a cookie from their forehead to their mouth (without using their hands) wins. (Top)

–You probably don’t think of Alabama-Huntsville as a hockey factory, but they’ve produced an NHLer and their program is improving. “Not too many people can believe the route that I took, but I wouldn’t change it. I hope that anything that I’ve been doing at this level is helping out that program,” said Oilers goalie Cam Talbot. (New York Times)

–On Saturday, the Pittsburgh Penguins celebrated the 25th anniversary of their 1991 Stanley Cup victory. It was a big deal. Unfortunately, Jaromir Jagr couldn’t attend the event, but he had a pretty good reason. (NHL)

McDavid was ‘shocked’ to be removed from the ice and put into concussion protocol

NEW YORK, NY - NOVEMBER 03:  Connor McDavid #97 of the Edmonton Oilers skates against the New York Rangers at Madison Square Garden on November 3, 2016 in New York City. The Rangers defeated the Oilers 5-3.  (Photo by Bruce Bennett/Getty Images)
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Connor McDavid went through the NHL’s concussion protocol during Sunday’s game against the Minnesota Wild after a spotter in the arena had the Oilers captain removed from the game.

That, according to McDavid, was a surprising development because, he said, he felt fine.

McDavid was tripped during the second period. As he fell to the ice, McDavid smacked his face on the ice and was in discomfort as he got up. Shortly after, he was removed from the game and put through protocol. He did return for the third period, but the Oilers lost in overtime.

“Yeah, I was pretty shocked, to be honest,” said McDavid.

“I hit my mouth on the ice. You reach up and grab your mouth when you get hit in the mouth. I think that’s a pretty normal thing. Obviously the spotter knew how I was feeling.

“Sh***y time of the game, too, I guess. It’s a little bit of a partial five-on-three and a power play late in the second period where if you capitalize, it could change the game.”

True. Because the Oilers did get a brief five-on-three in that second period, with the game tied at a goal apiece.

But the potential threat of a concussion to any player, not just its young star and top point producer, is something the league must take seriously, especially given the complex nature of such injuries.

“I don’t write the rules,” said coach Todd McLellan.

“We abide by them. It’s compounded when you have a five-on-three and you lose arguably one of the best players in the world. For me, I understand and I get and I support the attention that’s being paid to head injuries. It’s … sometimes it’s the inconsistency that’s a little bit frustrating. Ryan Kesler went down the other day and he went down pretty hard. No one wants to see that, even with an opponent, but there wasn’t a call from anywhere. But it’s there for a reason and we have to live with it.”

Patrick Kane: Others have to ‘step up’ with Toews out of Blackhawks lineup

CHICAGO, IL - JUNE 15:  Patrick Kane #88 of the Chicago Blackhawks looks on against the Tampa Bay Lightning during Game Six of the 2015 NHL Stanley Cup Final at the United Center  on June 15, 2015 in Chicago, Illinois.  (Photo by Bruce Bennett/Getty Images)
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This hasn’t been a great weekend for the Chicago Blackhawks.

They lost on Saturday and lost again on Sunday, as the Winnipeg Jets came into Chicago and, thanks to a late goal from Andrew Copp, left with a 2-1 victory. The Blackhawks didn’t have Jonathan Toews in the lineup, as their captain remains out with an injury.

The news wasn’t particularly promising Sunday. Toews, who has four goals and 12 points in 21 games this season, is being kept off the ice for the next few days, because his injury isn’t improving.

“When you’re missing a guy right away for a couple of games, it may not really show up and guys are excited to get that chance. The longer you go, missing a great player, there’s going to be a hole,” Patrick Kane told CSN Chicago.

“Nothing we can control. It’s something guys like myself and other guys have to step up and try to [help], whether it’s taking on more ownership and leadership, playing the right way and do whatever you can to help this team win.”

The Blackhawks have been kept to two or fewer goals in four of their last five games. They haven’t scored a power play goal in the last five games, going 0-for-13 in that stretch.

In addition to missing Toews, the Blackhawks are also without goalie Corey Crawford for two to three weeks.

This is a difficult stretch they’re going through.

“Well, you certainly miss his presence in all aspects of your team game, his leadership as well, as good as anybody that’s played,” coach Joel Quenneville said of Toews. “You use all those important minutes.”