Regina v. Cey
Saskatchewan Court of Appeal
48 C.C.C. (3d) 480 (1989)
- Written by Steven Pacht, JD
Facts
Roger Cey (defendant) and Perry played hockey on opposing teams in the amateur Wild Goose Hockey League (league), which was governed by the rules of the Canadian Amateur Hockey Association. During a game, Cey illegally checked (i.e., hit) Perry with Cey’s outstretched stick near the boards, causing Perry to suffer a concussion and be hospitalized for approximately three days. The referee imposed a five-minute penalty against Cey for cross-checking. Cey subsequently was criminally prosecuted for assault for allegedly intentionally applying force against Perry without Perry’s consent. At trial, Perry testified that he had never before been hit so hard during a hockey game. Perry nevertheless further testified that he would continue to play hockey even if he knew in advance that there was a fair chance that he would suffer the same injuries that Cey inflicted on him. The provincial judge acquitted Cey, ruling that Cey did not intentionally injure Perry or apply more than customary force in hitting Perry. The judge also ruled that Perry’s willingness to continue playing hockey manifested Perry’s consent to the force that Cey applied. The prosecution (plaintiff) appealed.
Rule of Law
Issue
Holding and Reasoning (Gerwing, J.)
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