Code in Chaos
In the infamous words of Strother Martin, what we have here is failure to communicate.
As absolutely confused as I was in the wake of the Chris Neil non-suspension, Cam Janssen suspension and Chris Simon mega-suspension as to how and why NHL justice is dispensed, the five-game ban handed down to Nashville forward Jordin Tootoo just adds to the mystification.
That's not to defend Tootoo. What he did was not hockey.
But the problem is if Tootoo has been paying attention to NHL decision makers this season, he could be forgiven if he was under the distinct impression that what he did was part of hockey.
Or at least that he was conducting himself appropriately under the overall philosophy under which the league operates.
Don't forget, in January NHL general managers told the hockey world that they believed that an important element of their sport was the ability of certain players to exact their own form of justice on the ice if they believed their talented teammates were being unduly abused by opposition players.
In order to let the league's enforcers "do their job," the GMs recommended that the number of times such players could initiate fights and incur an instigator penalty before suspension should be raised to five games from three.
In other words, the GMs were saying if star players are being abused, or allegedly abused, we want other players to have the opportunity to start fights as a method to halt that abuse.
We won't quibble with the logic for the moment. But that's basically the message the GMs sent out.
So when Tootoo hit Mike Modano of the Dallas Stars with a legal check, he knew that the league had reinforced the concept that other Dallas players could seek retribution on the ice right then and there.
So he got himself ready.
And when poor old Stephane Robidas arrived, Tootoo delivered a knockout blow with one punch.
Robidas came to initiate a fight with the tactic encouragement of the league that such a move was the proper way to respond, and Tootoo beat him to the punch.
So he gets a five-game suspension?
More than Neil? More than Janssen?
As far as I can follow the idiotic "code," Tootoo followed it to the letter.
He hit a star player. He knew he would have to answer the bell for doing so, and he was more than ready and willing to scrap.
According to league discipline master Colin Campbell, Tootoo's haymaker was "an overly aggressive and inappropriate response."
It wasn't that he delivered a punch. Just too good of a punch.
To which Nashville's GM David Poile told The Tennessean, "It's a confusing situation to me to exactly what is right or wrong."
No kidding.
The NHL constantly tells the sports world that fighting is part of the game, that punching another player in the head as part of an altercation is an important element in the sport.
It also says that players must have some ability to protect their teammates.
Look, I think what Tootoo did was reprehensible and has no place in the sport.
But under the rules of engagement as laid down by the NHL, I find it completely illogical to point the finger at him for somehow stepping beyond the bounds of the game.
But then, this really isn't about logic, is it?
Nor is it really about hockey.

On this very rare occasion. I agree with you. However, I feel that any player who storms in the way Robidas did must be ready to protect himself. He didn't simply approach Tootoo, he ran in there. To me, any player who comes in that aggressively needs to assume much of the responsibility if he gets hurt. Sure, Tootoo could have simply got his arms up (as some would suggest), but, really, it's his choice on how he fends off an attacker. Funny how no penalty was given to Modano for his questionable use of his stick.
Posted by: Chris | March 20, 2007 at 11:10 AM
I believe that we all continue to be perplexed by the NHL's lack of consistency when it comes to what is penalized, and how severely the action is penalized.
I also believe that the reason we are perplexed is because sometimes the NHL penalizes players for the "actions" and sometimes penalizes players for the "results".
Simon was suspended for his actions, not the result, as his victim escaped real injury. Janssen was suspended for the result. If he had hit Kaberle and Kaberle had skated back into the play, you can bet that the most Janssen would have received would have been an interference penalty.
Clearly if Tootoo's punch had glanced off of Robidas' face and the usual fisticuffs had followed with no real injury, the penalty would have been spent in the box.
Therefore, sometimes it is the result that is being penalized, and sometimes it is the action that is penalized.
I believe that it is the result that should be penalized.
If the NHL began to consistently suspend players that injure other players, with illegal hits or hits to the head, for the entire duration of the injured players' absences, the attempts to injure would be drastically reduced if not eliminated.
Would this create a "soft" game?...not necessarily!! Look at football. This is a fairly violent game with many very hard hits. However the difference is that players do not perceive the hits as intentional attempts to injure.
A good hard clean hit in hockey is not seen as an intentional attempt to injure. Hits to the head are definitely attempts to injure and the offending players are currently hiding behind the guise that these hits are legal hits in the NHL.
The appropriate penalty for deliberately injuring another player should be to sit out for the duration of the players injury.
Posted by: Dave Stacey | March 20, 2007 at 12:54 PM
Excellent post, Damien. I've been trying to make the same point for years.
Posted by: Matt | March 20, 2007 at 01:30 PM
I would like to see more sports writers talking about the fact that Modano, first of all, had his stick raised above the shoulders, which, according to Rule 60.1 is called "High - Sticking." That was followed with Rule 61.1 "Slashing" which states that Slashing is the act of a player or goalkeeper swinging his stick at an opponent, whether contact is made or not, (and there was definitely contact). Non-Aggressive stick contact to the pant or front of the shin pads, should not be penalized as slashing. Any forceful or powerful chop with the stick on an opponent's body, the opponent's stick or on or near the opponent's hands that is not an attempt to play the puck, shall be penalized.
I don't know about you, but I believe the puck was across the blue line on the other end of the ice by the time the stick of Modano came across Tootoo's back. Sure, the "star" players need some protection, but they should not be immune from the rules. If Barry Bonds charged the mound and slashed the pitcher with his bat any time someone nailed him with a pitch while he's going for a record, he's going to get suspended. Just because the nhl was on strike a couple years ago and they need to regrow their fan base should not give rights to the "star" players to break any rule they feel necessary to retaliate.
Posted by: Erik | March 20, 2007 at 02:02 PM
There is a third criterion at play here: "actions", "results" and also "publicity". Tootoo had the bad timing that his action followed the escalating violence of Neil, Janssen and finally Simon. I haven't seen the replay, but it sounds to me like no suspension would have been handed out if Tootoo had punched Robidas in January.
Posted by: Adam C | March 20, 2007 at 04:11 PM
Listen, I am tired of listening to the trashville fans about Modano’s stick and about Tootoo’s right to punch Robidas. I think everyone needs to step back and take a look at the film one more time.
Tootoo throws a legal but questionable timing hit on Modano. Robidas is just a few feet away and turns and skates 10’ to 12’ to engage Tootoo. Tutu looks over his right shoulder then turns and hesitates before putting all of his force into the punch that flattens Robidas.
Then Mike Modano gets up turns and with his stick leveraged against the boards, pulls his hand over and the stick with the help of the boards is propelled towards Tootoo. Modano only has one hand on the stick and actually slows the stick down before it hits Jordin Tootoo.
Now lets put a few things into context. Modano has never been suspended for fighting or any altercation and Tootoo has a long history of violence. Next Robidas was skating up to engage Tootoo in a fight, but Tootoo wouldn’t engage. He threw a sucker punch that flattened Robidas. Now if Tootoo would have stood up and took off his gloves, Robidas would have done the same and they could have fought like men. Robidas was not going to charge or board Tootoo, Robidas is not a cheap player and anyone who watches hockey should know that. Also Robidas was not skating from far enough away or fast enough to actually warrant a charging call.
Jordin Tootoo got his just penalty. Perhaps it should have been more. The fans of Trashville need to shut up and learn the game, the rules and the codes of the game.
Many of them will want some kind of fight on the 31st but the Stars are too classy to allow that to happen.
Go Leafs
Posted by: timm87 | March 20, 2007 at 04:26 PM
Damian, I hope you apologized to Stellick for calling him an idiot on his own show for having a different view on the Jannsen/Kaberle incident. I know you are friends but that was garbage and I felt sorry for Stellick who gave you far more respect as the host.
So you know, Toronto fans should be completely aware of your stance on physical Hockey by now so you can stop preaching to us. We don't agree. Are we not men Damian? Tell your friends Bob McCowan and Kelly too. Two things that Leaf fans never want to hear from you guys again is anything about the NHLPA and how rough Hockey is. For the most part, your audience is composed of sports minded males and I would venture that most of us disagree with you on the issue of Leafs lack of response to Jannssen's hit.
For the record, every Leaf knew instantly that Janssen gooned Kaberle that night. To state otherwise is absurd. Maurice knew, the assistant coaches knew and the trainers knew and even if the Leafs missed it at the moment, they were aware shortly after and nobody did anything. Janssen stood there waiting for a response. The Leafs can shrug their shoulders and say things like, we needed the points, and it was behind the play, we didn't see it, but to get to the heart of it the Leafs were scared to respond. It was all about fear and that reflects on the Leaf jersey, franchise and this town.
You can be politically correct if you want to Damian but courage, heart, honor, brotherhood etc are all concepts that I want my sons to have. It is unacceptable to allow a bullying to go on anywhere in life and sometimes in hockey and in life you have to fight. The Leafs all know that the Janssen incident was one of those moments. If the Ref's aren't controlling the garbage, the players have to respond if only for the deterrant factor. To paraphrase Punch Imlach, if you don't play contact sports with a degree of belligerance you won't win many games.
I heard you critcize Stellick for being a dinosaur and being "Old Time Hockey". Well if the new game is about cowardice, bullying, lack of character, lack of heart or intestinal fortitude well the game is surely lost. The two points won on the night just didn,t wash the taint away and when we reflect back on this season trying to figure out why we missed the playoffs, the Jannssen hit will remain with Leaf fans for a long time as a moment that defined the Leaf team. The Leafs couldn't win because they just didn't care enough for one another. They were even too frightened to check on Thomas as he laid on the ice because they had to skate past Janssen. There was a traffic jam at the Leaf bench as players pretending not to notice struggled to get off the ice. The fans care much more for Kaberle than the guys who were right there and could have done something. At least one of them could have pretended to be a man and grappled with Jannssen until the ref broke them up. Shanahan has my complete respect for standing up for Jagr earlier this year but the Leafs don't have that sense of wanting to win and look after one another. There is fear at work in the lineup and I can only suspect that the dressing ro0om cliques are back. McCabe has been cowering since he was rag dolled by Chara) and fear is a cancer to winning, to team chemistry and attitude.
Posted by: Barry Calhoun | March 20, 2007 at 04:43 PM
The Janssen, Neil, and Simon incidents were unquestionably deliberate attempts to injure and I can understand the confusion with the way they were handled; however, I don't believe the incident with Tootoo falls into the deliberate attempt to injure category. The outcome earned him a suspension, as it should of, so what do you want?. My question is, what should have Tootoo's reaction been? Robidas came screaming down from the 500 levels at him, what should he have done? He made a split second decision, reaction really, to Robida's charge at him. Had Robidas simply challenged him to a fight, there's no question Tootoo would have accepted. I don't think Tootoo was confused about anything, rule or otherwise. He simply reacted. Whether it's arms up, elbow up, stick up, shoulder or fist; self preservation is a gut instict. Flawed logic perhaps, and if Damien Cox's kinder and gentler NHL dream held water, it wouldn't happen; but it did, does, and always has.
Posted by: IanDonnelly | March 20, 2007 at 05:13 PM
Just clarifying a piece of NHL history (recalled from my Leaf-fan heydays of the mid-80s-mid-90s) after having read what Adam C posted above; his comment was:
"Now lets put a few things into context. Modano has never been suspended for fighting or any altercation..."
If you were to go back to Modano's rookie year of 88-89 (would also have been my rookie year had anyone taken a chance drafting a scrawny 150-pounder out of Midget A) with the Minnesota North Stars, he wildly swung his stick and chopped Gary Leeman across the back of the legs and I am pretty sure "Mo" got a 2-game suspension for it. And as another piece of history, you'll find Modano paid for that action when John Kordic sought retribution in the next meeting between the two clubs later that season, decking Modano with a punch or two (my brother has it on tape somewhere). Kordic was then suspended for I don't remember how long for this attack. So as much as people feel violence in the game is getting out of control now, in my mind it is pretty much about the same as it has been for the past 20 years or so.
Posted by: A.D. Bood | March 20, 2007 at 10:22 PM
Suspend Tootoo, fine. Not because he was following the "code", but because he wasn't - he threw a sucker punch to his face instead of fighting fair. But Robidas was coming in with his gloves on, with his stick in his hands, with his hands up ready to cross-check Tootoo to the neck/face. So what, just because Robidas got hurt he doesn't get punished for his piece of work?
As for Modano, eh. He should have gotten a penalty for the slash. Intentional or not, you've got to be in control of your stick.
Posted by: Stephen | March 20, 2007 at 11:31 PM
Tootoo did nothing wrong. Period. He cleanly checked Mike Modano who is not untouchable and then turned to defend himself because of the moronic code the players and media talk of.
Robidas is a dolt for putting himself into the situation ... what was he thinking? In terms of NHL discipline, I agree with Damien. Frankly, if Tootoo deserves five games for that one good punch of his, shouldn't Robidas have at least been assessed a penalty for charging or institgating or something?
Posted by: FlamFlim | March 21, 2007 at 08:36 AM
Damien, how was Mr. Tootoo's action any different than Mr. Domi's sucker punch of Mr. Ulf Samuelson which I believe also garnered a suspension.
Mr. Tootoo and his style of play, similar to Mr. Jansen's I might add, is the problem in the NHL today. Both charge around the rink inflicting hits on often unsuspecting players who long have gotten rid of the puck under the guise of "finishing the check." Furthermore, there's nothing in the "code" about sucker punching a guy in the face with your glove on when the target of your blow hasn't even had the chance to square off and drop his stick and gloves.
Mr. Cox your opinions on this subject have become tiresome and oh so predictable.
Posted by: Dario Vodopia | March 21, 2007 at 08:48 AM
I find this entire debate frustrating as I don't think it is based much on truth or logic. In my opinion the biggest problem with players like Cam Janssen is that they don't belong in the NHL, but due to expansion the talent pool is unable to produce enough skilled players, so you end up with unskilled players at the end of almost every bench. Look at Tomas Kaberle and Cam Janssen side by side and tell me they belong on the same sheet of ice? Janssen has 1 career goal in some 90 NHL games! Remember, Don Cherry never played in the 6 team NHL! He wasn't good enough then, but surely he'd find a spot today.
Posted by: William Poulter | March 21, 2007 at 08:49 AM
I loved that move..he knew what was coming..he is very talented..goes without saying and i loved his reaction..he knew exactly what he was doing..good for him!!!
Posted by: andre primeau | March 21, 2007 at 09:02 AM
Sorry to all, but I agree with Damian that the league, and specifically Colin Campbell, make it up as they go along. It's rather pathetic.
But to another point that some keep trashing Cox about: reducing violence in the game. There's one simple fact that many of you purposely overlook which is the fact that the NHL needs the US market to survive. If the players want to earn comaparable millions of $ to the other three major sports leagues, and we want to see more Canadian players employed in our professional league, we need the US market. We need their $$ to keep the league viable in a sports universe that is replete with every option you can think of (see televised eating contests (the NEL?)
now hitting the TV screens). And, unfortunately, US audiences do not want to watch fighting in the game. It is not part of their hockey culture, compared to that in Canada, and the majority of people don't enjoy it.
Yes, fighting brings a crowd to its feet, but so do goals and beautiful plays. A fight on a street draws a crowd of onlookers, too, but so what? Marketing 101 teaches you that you have to develop your product to meet the needs and wants of your target market. 80% of teams are in the US and they don't want to see fighting nor excessive violence. Isn't it obvious when the league can't even get a major TV contract? And need we mention that enforcers and goons virtually never see the ice in the playoffs when the quality of hockey is the best. Do you not see the powerful correlation between higher quality product and removal of the lowest quality and least desireable ingredient, which is on perfect diplay during the quest for the Cup?
So, please, drop the testosterone-fuelled bullshit about manliness and bullying and teaching values to my sons through fighting in hockey. Try to take a higher level, strategic focus on the health of the game and the NHL, rather than your beer league myopia.
P.S. - Wayne Gretzky and Mario Lemieux, to provide two prominent examples, know more about the game than any of you and they both want this type of crap removed from the game. What does that tell you? Do you really think that you know what's better for the NHL than they do? Give your head a shake.
Posted by: Zeke | March 21, 2007 at 09:18 AM
Unfortunately Damien, the league is clearly run by old school neanderthals. They still run the league and the rules (especially around fighting) as though we are in the 1970's. I've played hockey for 34 years at relatively high levels and have probably been involved in over 100 fights, and have probably lost only 5 of those fights. But still, looking back with a more mature and educated attitude, I can truly say: There is no place in hockey for fighting. We did it because we thought it was part of the game- that's what we were told and that's what we certainly saw. In what other professional sport besides professional fighting can you actually fight without earning a suspension?! If they called the games correctly and penalized players appropriately (which we know is the biggest challenge, given the complete ineptitude historically, their would be zero need for fighting in hockey. Sure many fans love to see a good fight, but they'd also stand up and cheer when a streaker jumps on the ice, or they'd be just as involved if someone walked out onto the ice and shot another player - Tjis doesn't make it part of the game! I say, grow up, call the game and the penalties and suspensions appropriately and then maybe, just maybe, we could sell this version of hockey to more then just Canadians!
Keep ranting Damien! As per history, it always takes time, sometimes years or decades, for the less enlightened to get it.
Cheers, D. Hayes - Toronto
Posted by: D. Hayes | March 21, 2007 at 10:06 AM
'Well if the new game is about cowardice, bullying, lack of character, lack of heart or intestinal fortitude well the game is surely lost. The two points won on the night just didn,t wash the taint away and when we reflect back on this season trying to figure out why we missed the playoffs, the Jannssen hit will remain with Leaf fans for a long time as a moment that defined the Leaf team. The Leafs couldn't win because they just didn't care enough for one another.'
Oh.My.God. What pure melodrama. [rolls eyes heavenward]
Posted by: Carla | March 21, 2007 at 11:03 AM
Am I missing something? Hard clean hits against ALL players are legal and part of the game. A player shouldn't get jumped every time he delivers a clean check just because the guy he hit is a star. I can understand it if the check is dirty or late, but retribution for a clean hit... C'mon! The Tootoo hit was clean. Modano was uninjured. Robidas didn't need to step in and if he hadn't, the situation ends there. Instead he comes flying in while Tootoo's regaining his feet, and Tootoo decides to deliver the first punch. If Robidas had swung once and flattened Tootoo before he threw a punch, would Robidas have been suspended? I doubt it! So apparently, a player is allowed to defend a teammate who was hit with a LEGAL check, but a player is not allowed to defend himself. Disturbing!
Also disturbing to me is the Modano slash. Chris Simon gets hit from behind into the boards (illegal I might add) and retaliates with a slash to the face of the Ranger player. He is given a stiff suspension and rightly so! Modano is hit with a clean check and retaliates with wild, one handed slash to Tootoo's back and it's not even mentioned. To add insult to it, he gets no penalty on the play, and then scores on the powerplay. Then he wonders why the Predators organization didn't recognize his historic goal. It was reminiscent of an incident a few years back involving Scott Niedermayer who was checked and retaliated with a two handed, axe-like slash over his aggressors head and I believe he got little or no suspension. Star treatment! I believe Modano deserved a suspension more than Tootoo. NHL hockey is supposed to be a rough, tough sport, played by "real" men. A real man should be able to take a clean hit!
Posted by: Fred | March 21, 2007 at 11:44 AM
To all those who think US fans don't want fighting in the game have obviously never watched hockey highlights in the United States. They show all the fights in each game because they know that's what the fans want to see. If you think removing fighting to attract US fans would work you are mistaken. The ones who watch hockey will continue to watch it. As for the ones who don't removing fighting isn't a magical formula to attract them. They're not going to watch anyways. Its not worth it changing our game for them
Posted by: Nathan Goveas | March 21, 2007 at 11:50 AM
Why are Leaf fans calling for Tootoo's head? Don't they remember Domi's actual definition "sucker punch" on Ulf? It's on youtube....
If Tootoo got a suspension then so should Modano for the stick use. That has the potential to be much more dangerous, except for the fact that Tootoo is a fantastic fighter. Robidas knew that by charging at Toots he could, in theory, get hurt in a scrum. The fact that Tootoo got more of a suspension than Janssen and Neil is total BS.
The lockout and these "suspensions" just blatantly show the world how inept the administrators of the NHL are. Not to mention the refs (McGeough... yeesh). Either they need to let go of instigator and let the players police themselves again, or they need to lay down more consistent law. Not suspending star players because they're stars needs to go.
Posted by: Amanda | March 21, 2007 at 04:26 PM
Todd Fedoruk was stretchered off the ice tonight after getting knocked cold by Colton Orr tonight. Just like with the screens behind the nets to keep pucks from flying into the stands, nothing will change until someone dies.
great sport. horrible culture/hiearchy.
Posted by: steve grogan | March 21, 2007 at 07:55 PM
Andre Primeau Wrote:
"P.S. - Wayne Gretzky and Mario Lemieux, to provide two prominent examples, know more about the game than any of you and they both want this type of crap removed from the game. What does that tell you? Do you really think that you know what's better for the NHL than they do? Give your head a shake."
Are you talking about the Wayne Gretzky that had Dave Semenko protecting him for half his career?
Posted by: Bob | March 22, 2007 at 09:41 PM