NAC RULING

The complete text of Hockey Canada National Appeals Committee chairman Allan Matthews’ email to Hockey Newfoundland and Labrador executive director Craig Tulk Thursday:

The Hockey Canada National Appeals Committee (NAC) has reviewed all of the information presented with respect to the appeal submitted by the above-mentioned appellant (Brian Cranford), and a decision has been reached.

There is no dispute tha the appellant breached the Don Johnson Cup Championship regulations when he and his team failed to appear at the tournament’s opening ceremonies and banquet. The penalty for that non-appearance is set out in paragraph (c) of the regulations which states, in part: All teams including all players, coaches, trainers and management personnel must participate in both the opening ceremonies and the awards banquet. Failure to do so will result in the loss of its performance bond and per diem for both days.

The NAC has concluded that, having specified the penalty for failing to appear at the two events in question within the regulations, it would be unreasonable to apply additional discipline against the appellant.

By enumerating penalties for non-appearance without referencing the president’s power to suspend, a reasonable person would assume that any sanctions for failing to appear at the two tournament events would be limited to those set out in the regulations.

Had HNL wished to reserve the right to suspend the appellant, it should have included wording to that effect in paragraph (c) of the regulations, so that anyone who was considering failing to appear at the opening ceremonies and banquet would have been fully aware of the consequences of taking that action.

Based on the above, and in the interests of fairness, the NAC has determined that the decision to suspend the appellant should be overturned and, as such, the appellant’s suspension shall be lifted, effective immediately.

Each appeal is dealt with individually based on the merits of the case and the information presented.