‘Clear message’ sent over on-ice violence
Beer-league goalie gets house arrest for slash
LONDON, ONT. • The consequences of hockey violence are mapped out in the scars along the lower part of Doug Gardner’s face.
Doctors carefully stitched his lower lip back together 18 months ago after he was rushed to hospital from a Sunday morning recreational no-contact hockey game.
It couldn’t be pulled together without extensive dental surgery to rebuild his collapsed gum. Doctors also had to insert four of the five teeth that could be found on the ice after he was intentionally whacked in the mouth with a goalie’s stick.
Gardner, 40, was knocked out when he fell face-first onto the ice. For the next five months, he couldn’t work while he struggled with postconcussion symptoms. He still has migraine headaches, a sore neck and has lost feeling in his lower lip due to scar tissue.
And he’s lost all passion for a game that had been a staple of his life.
This is not part of Canada’s game, a London, Ont., judge said last week when he sentenced goalie Jason Ashton, 37, who pleaded guilty to assault, to 90 days of house arrest and two years of probation.
“It may be that many ‘purists’ of the game believe that ‘what happens on the ice’ should be dealt (with) by the respective sporting bodies, but I am satisfied that a conditional sentence will send a clear message to many that not only will cases involving serious violence on the ice lead to convictions, but they may also lead to a restriction of one’s liberty by way of house arrest,” Ontario Court Justice Wayne Rabley said.
“In my view, this will send a clear message to others, warning them that the courts will not condone this type of behaviour.”
Rabley’s is the latest court decision to come down hard on violence on the ice, a clear message assaults can’t be dealt with just by time in the penalty box.
Gardner had been a fourgame-a-week player before the injury. He’d played since he was three, reaching both Junior A and Junior B, and took up refereeing after his playing days were over.
“Hockey has been a big part of my life,” he said after Ashton’s sentencing. “Since this, it’s opened my eyes to what can happen. It’s changed my whole view on things.”
On Feb. 14, 2016, Gardner, who still enjoyed playing at a high level, was part of the last-place team in the Dorchester NBC (no body contact) league when they took on the first-place team with Ashton as the goalie.
Gardner said he didn’t know Ashton outside of the rink, but they were aware of each other when they played. And, he said, “there is a little bit of chirping going back and forth.”
The game was tied 2-2 — Gardner had scored twice — and the game was intense.
Gardner remembers fighting for position and skating into the goalie’s crease. He came in contact with Ashton and the referee was about to call an interference penalty. But before it was whistled down, Ashton grabbed his stick like a baseball bat and took a two-handed swing at Gardner’s face.
Ashton was assessed a major penalty and kicked out of the game. Then came the criminal charge.
Gardner couldn’t eat solid food for weeks. He needed six root canals and a brace in his mouth. His dental surgery has cost him $8,000 out of pocket.
He’s still on light duties at his job as a driver for the LCBO.
The psychological scars have been much deeper. Gardner said he no longer has any desire to play hockey.
“It’s a shame, really,” he said. “I’m more concerned about my health and piecing my life back together.”
Ashton, an electrical supply salesperson, was described in Rabley’s judgment as a “family-oriented man with an easygoing personality” and “level-headed and sportsmanlike” on the ice. He took on a second job to pay $5,000 of Gardner’s medical bills.
A discharge, as requested by the defence, was not appropriate, Rabley said. “Those involved in recreational sports leagues must appreciate that significant violent behaviour will not be sanctioned by the courts and that this kind of conduct will not be condoned in our community.”
Gardner said if he ever plays again, it will only be with people he trusts.
“We’re not professional hockey players, we’re not being paid, we’re out there because we love the game at this age. We’re out there for exercise. We need to go to our jobs tomorrow. We have families,” he said.
“This kind of behaviour, it just cannot be tolerated ... You can’t do that, you just can’t.”
WE’RE NOT PROFESSIONAL HOCKEY PLAYERS, WE’RE NOT BEING PAID.