Toronto, Canada - In the fast-paced, physical world of professional hockey, fighting has long been an accepted—if controversial—part of the game. While punches are thrown and players are sent to the penalty box, one might wonder: why aren’t hockey players arrested for assault during these on-ice brawls? In virtually every other sport, physical altercations beyond the rules result in suspensions, fines, or even legal consequences. Why is hockey the exception? And could a hockey player ever face criminal charges for an on-ice fight? To answer these questions, we must examine the cultural, legal, and historical factors that make hockey—and its fights—unique.
Fighting in hockey isn’t just an accident—it’s embedded in the sport’s culture. Dating back to the early days of the NHL, fighting was seen as a way for players to enforce unwritten rules and protect their teammates from overly aggressive opponents. Known as ‘the code,’ this tradition has become part of the game’s identity. Enforcers, or ‘goons,’ were often included on team rosters specifically to handle physical intimidation on the ice. While the NHL has made efforts to reduce fighting in recent years, it remains a tolerated aspect of the sport.
From a legal standpoint, one of the primary defenses against criminal assault charges in sports is the principle of implied consent. When hockey players lace up their skates and step onto the ice, they implicitly consent to a certain level of physical risk and violence, including body checks and, yes, occasional fights. Courts have historically recognized this implied consent as a shield against criminal liability, as long as the conduct remains within the ‘normal course of the game.’
However, this consent isn’t absolute. If an act of violence goes beyond what’s reasonably expected in hockey—such as an attack with a stick, a sucker punch, or an incident after the play has stopped—criminal charges can and have been pursued.
While rare, there have been instances where hockey fights resulted in legal intervention:
In both cases, the violence exceeded the normal scope of hockey gameplay, resulting in legal consequences.
Despite these rare cases, most hockey fights never see the inside of a courtroom. Prosecutors have wide discretion in deciding whether to pursue charges. Factors influencing their decisions include:
Prosecutors often hesitate to intervene in sports-related incidents that fall within the ‘normal course of play,’ as doing so risks alienating fans and upsetting the league’s internal regulatory system.
Professional hockey leagues, particularly the NHL, have their own disciplinary measures, including fines, suspensions, and bans. These internal systems often act as de facto justice, reducing the need for external legal intervention. For example, a player might receive a 10-game suspension for an overly aggressive fight, serving as both punishment and deterrent.
However, leagues are not above the law. If an incident is severe enough, legal authorities retain the right to step in, regardless of whether the league has already disciplined the player.
In sports like basketball, football, or baseball, physical altercations are far less tolerated. A fight in the NBA or NFL usually results in ejection, heavy fines, and potential suspensions. The key difference lies in the culture of these sports—fighting is not considered an inherent part of the game, and the leagues enforce strict rules to prevent it.
Boxing, meanwhile, offers an interesting contrast. While boxers are literally paid to fight, their actions are strictly regulated by referees and athletic commissions. A punch thrown outside the ring, or after the bell, can result in criminal charges.
Technically, yes. Law enforcement has the authority to arrest players for assault if they believe a crime has been committed on the ice. However, doing so would set a significant legal and cultural precedent. Unless a fight goes far beyond the accepted boundaries of the game—such as involving weapons, clear intent to injure, or excessive brutality—police are unlikely to intervene.
As concerns about player safety grow, the NHL and other leagues are increasingly trying to reduce fighting through rule changes, stricter penalties, and cultural shifts. Younger generations of players are also less likely to embrace fighting as part of their identity on the ice. However, for now, fighting remains a tolerated—if controversial—element of professional hockey.
The reason hockey players aren’t typically arrested for fighting boils down to a unique blend of tradition, implied consent, and the league's internal regulatory systems. While exceptions exist, such as the cases of Marty McSorley and Todd Bertuzzi, the legal system generally defers to hockey’s internal mechanisms for discipline.
Yet, the line between an acceptable on-ice fight and criminal assault remains blurry. As hockey culture evolves and society’s tolerance for sports violence changes, it’s possible that one day, a seemingly routine hockey fight could result in an unexpected visit from law enforcement. Until then, the penalty box—not a jail cell—will likely remain the preferred destination for players who drop the gloves.
