Index

A

Abdulrehman, R. Y., 67
administrators/officials: and culture of tolerance, 106–108
and hazing, 18, 74
and profit motive, 140
and violence, 16, 43, 52, 56, 128
Agamben, Giorgio, 143
Allan, Elizabeth, 19
Atyeo, D., 102

B

Bell, James A., 15, 110
Bell v. Edmonton Eskimos Football Club, 110
Benedict, Jeffery, 106
Bertuzzi, Todd, 7, 8
Bounty Program scandal, 43
Brashear, Donald, 7

C

Canadian Centre for Ethics in Sport (CCES), 79, 89, 94, 144
Canadian Football League (CFL): drug testing in, 90–92
hazing in, 59–60, 63–65, 72–73, 77, 107
injuries in, 38–41
labour conditions in, 113–118
liability of, 15, 54
and performance-enhancing drugs, 83–84, 85–87, 104, 107–108
and performance incentives, 126–127
players’ views of discipline for violence in, 46–49
violence in, 12, 34–36, 44
Canadian Interuniversity Sport (CIS): hazing in, 57–58, 59, 60, 62–63, 69, 133–134
hazing policy, 71–72, 76–77
labour conditions in, 113
and performance-enhancing drugs, 82–83, 89–90, 136
players’ views of discipline in, 46–47
violence in, 10–11, 14–15, 32, 37, 41, 102
voluntary nature of, 9
Canadian Junior Football League (CJFL): and hazing, 58, 59, 60, 133–134
injuries in, 38, 39
labour conditions in, 113
and performance-enhancing drugs, 82, 85, 90
view of discipline in, 46
and violence, 50, 51, 107
coaches: and culture of tolerance, 105–106
and hazing, 60–61, 63, 72, 74, 133–134
liability of, 14–15, 21–22, 52
new techniques of, 42
and performance-enhancing drugs, 88, 89, 92–94
and promotion of violence, 42–43
coercion, 124, 125
concussions, 40
consent (see also constraints): as defined in Canadian law, 3–6
difficulties in proving for sports violence, 9–14
drawing line of consent on hazing, 20–22, 68–71, 75, 76
in performance-enhancing drugs cases, 25–27
players’ criteria for non-consensual violence, 44–46, 54–56
players’ criteria for performance-enhancing drugs, 87–89, 95–96
why it’s important in sports, 15–16
consent defence, 5
constraints: on consent to football violence, 125–130
on consent to hazing, 130–134
on consent to steroid use, 134–137
in football context, 124–125
tie to legal concepts, 122–124
corporations, 27–28
Courson, Steve, 134
criminal justice system. see legal system
culture of tolerance, 105–110, 119

D

DeAngelis, Sandro, 103
Donnelly, P., 72, 136–137
Dunigan, Matt, 40, 42, 64–65
Dunn v. University of Ottawa, 10–11, 14–15, 102

F

fans, 108, 129
Fourth and Goal Foundation, 144

G

Gargiulo, Anthony, 12, 47–48
Green, Ted, 7

H

Harrison, James, 108–109
hazing: constraints on consent to, 130–134
and criminal liability, 73–75, 76
and culture of tolerance for, 103, 105–106, 107, 109–110
difficulties in prosecuting, 16–22
drawing line of consent on, 20–22, 68–71, 75, 76
at McGill University, 57–58, 62–63, 69, 107
players’ experience of, 58–65, 103
reasons for, 66–68, 111
suggested reforms for, 140–144
views on discipline for, 71–73, 76–77

I

initiation. see hazing
injuries, 38–41, 55, 87, 115–116, 126
intent to injure: difficulties in proving, 10–13
football players’ view of, 33–38, 42–43
and performance incentives, 127
players’ views of league discipline for, 46–49
players’ views on involving legal system, 49–55

J

Jimenez, Jason, 12, 47–48
Johnson, J., 67, 72

L

labour conditions in Canadian football, 112–118
legal system (see also liability): and culture of tolerance, 109–110
definition of consent, 3–6
difficulties in gaining convictions from sports violence, 6–8
and performance-enhancing drugs, 23–25
players’ views on involving for steroids, 92–96
players’ views on involving for violence, 49–55
proving mens rea, 12–13
suggested reform of, 140–142, 145
and tolerable deviance, 100–101
and view of constraints, 122–124
Legare, Eric, 104
liability: of CFL, 15, 54
of coaches, 14–15, 21–22, 52
determining in performance-enhancing drugs cases, 27–28
determining in sport, 14–15
and hazing, 73–75, 76
players’ views on for violence, 51–54
of referees, 52–53
Loranger, Marc, 136

M

Maki, Wayne, 7
masculinity, 128–129, 132–133
Matechuk, Jordan, 104
McGill University hazing case, 57–58, 62–63, 69, 107
McSorley, Marty, 7
media, 108–109, 129
mediation, 142–143
Meggett, Dave, 11–12
Meggyesy, Dave, 84
mens rea, 12–13, 123–124
Mihelic, Mike, 103
Mount Allison University, 136
Muscletech, 26

N

National Basketball Association (NBA), 106, 141
National Football League (NFL), 43, 144

O

organizations/leagues (see also Canadian Football League (CFL); Canadian Interuniversity Sport (CIS); Canadian Junior Football League (CJFL)): discipline for performance-enhancing drugs, 25, 80, 96
discipline for violence, 46–49
and profit motive, 111–112
view of violence, 43

P

painkillers, 129, 130
Pappajohn, George, 13
performance-enhancing drugs: constraints on consent to use of, 134–137
culture of tolerance for, 105, 106, 107–108, 109
difficulty in determining liability, 27–28
drawing line of consent on, 25–27, 87–89, 95–96
as examples of tolerable deviance, 103–104
experiences of, 79–80, 82–84
laws regarding, 23–25
league discipline for using, 25, 80, 96
and league profits, 111–112
players’ views on criminal sanctions for, 92–96
reasons for using, 84–87, 117
sports organizations’ view of, 25, 96
suggested reforms for, 140–144
testing for, 89–92
use of legal stimulants, 80–82
and violence, 129
performance incentives, 126–127
pranks, 63–65

R

R. v. Bertuzzi, 7, 8
R. v. Green, 7, 8, 10
R. v. Maki, 7, 8
R. v. McSorley, 7, 8, 11
R. v. Pappajohn, 13
R. v. Lewis, 122–123
Rahill, Brian, 19
referees, 46–48, 52–53
Rigauer, Bero, 117, 118
Robidoux, Michael, 118
Robinson, Laura, 18, 22
Romanowski, Bill, 11–12
rookieing, 58–59, 60–62

S

self-regulation, 141
special teams, 126
spectators, 108, 129
sport as voluntary activity, 8–9
Sport Dispute Resolution Centre of Canada (SDRCC), 142–143
sports law, 145
sports violence: and coaching, 42–43
as commodity, 110–111, 129, 140
constraints on consent to, 125–130
culture of tolerance for, 105–110
and determining liability, 14–15
difficulties in gaining convictions from, 6–8
difficulty in proving consent for, 9–14
effect of new technology on, 40–42
as examples of tolerable deviance, 102–103
importance of consent in, 15–16
organizational views of, 43
perception of, inside football, 31–33
players’ criteria for non-consensual, 44–46, 54–56
players’ view of attempts to injure, 33–38
players’ views of getting injured, 38–40
players’ views of league discipline for, 46–49
players’ views on legal intervention for, 49–55
suggested reforms for, 140–144
Sprewell, Latrell, 141
Standen, J., 141
Stebbins, Robert, 98–99, 104
steroids. see performance-enhancing drugs
stimulants, legal, 80–82
superstition, 36

T

Taylor, Lawrence, 111
teammates, liability of, 53
Thomas v. Hamilton City Board of Education, 110
tolerable deviance: defining, 98–100, 104
examples of in Canadian football, 102–104
explaining why it’s overlooked by law, 100–101
explanation for in Canadian football, 110–112
tolerance, culture of, 105–110, 119

U

University of Waterloo, 79–80, 104

V

violence. see sports violence
Voicu, Alexandru V., 9
Vosko, Leah, 113

W

White, D. V., 142

Y

Young, Kevin, 117

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