Graham James could avoid more jail time
The Canadian Press
Posted: Dec 8, 2011 8:14 AM CST
Last Updated: Dec 8, 2011 9:55 AM CST
Graham James, as he appeared behind the bench as coach and general manager of the Swift Current Broncos from 1986 to 1994. (CBC)
A law professor says former junior hockey coach Graham James could avoid more prison time despite pleading guilty to new sex charges.
Anne McGillivray from the University of Manitoba says it's possible James could get a conditional sentence to be served in the community.
James, 59, pleaded guilty Wednesday to repeated sexual assaults on former NHL star Theo Fleury and another junior player who cannot be identified under a court order.
An artist's sketch of the Graham James hearing in Winnipeg on Wednesday. James (left) sits with his lawyer Evan Roitenberg via video feed from Montreal. (Tom Andrich/Canadian Press)The charges date from a period between 1983 and 1994 — roughly the same time during which James assaulted three other players, offences for which he has previously served time.
McGillivray says a defence lawyer could argue James hasn't been convicted of any crimes since that period in the 1980s and '90s.
Crown attorney Colleen McDuff has said she will be seeking penitentiary time, but McGillivray says that's not a given.
'A lighter sentence could include no jail time. It could include a conditional sentence.'—Anne McGillivray, law professor
"What the judge could do is consider the time that has passed since that period in the accused's life and say, 'Well, look, we've had 20 years … where we've had no similar conduct, so we're not looking at specific deterrence and we're not looking at rehabilitation, because that's all done.'
"A lighter sentence could include no jail time. It could include a conditional sentence."
There is no shortage of people calling for a harsh sentence.
Fleury said he would like to see James locked up for 27 years — the same length of time Fleury struggled to come forward with his accusations.
The Law Courts building in Winnipeg, where Graham James pleaded guilty on Wednesday to sexually assaulting two players he coached in the 1980s and early '90s. (CBC)Roz Prober, head of Beyond Borders, a group that battles child exploitation, said James should not get a break because of his earlier convictions.
"It's ludicrous … to assume that because crimes that happened to different victims happened at the same time — and some victims took longer to heal and come forward — that this should be seen as the same crime," Prober said.
"It's a totally different set of crimes with a different set of victims."
There's already been one change to James's record because of the newest charges. A controversial pardon that was granted to him in 2007 was revoked.
James is unlikely to receive another pardon, because a bill now before the Senate would ban pardons for people convicted of sexual offences against minors.
That bill is expected to become law by March.
Former NHL player and sex abuse victim Sheldon Kennedy said he plans to attend the sentencing for Graham James in February to look his old coach in the eye. (Jeff McIntosh/Canadian Press)James's lawyer, Evan Roitenberg, has not indicated what he will seek for his client when he is sentenced in February in Winnipeg.
It could also be the first time in years that James will face one of his victims.
Sheldon Kennedy, who was the first to come forward with accusations against James in 1996, said he plans to attend. Like Fleury, Kennedy made it to the NHL, but for many years hid that his junior hockey coach had abused him.
He was one of the victims identified in the original convictions against James.
"I think I need to be there, absolutely, because I think I'm at a point where Graham does not have any power over me today," Kennedy said.
"I need to be able to look him right in the eyes and he'll be hanging his head.
"I guarantee it."
Share Tools
Latest Manitoba News Headlines
- More seniors dying in bedrail accidents, reports show
- More seniors have died in Manitoba after becoming trapped in their bed rails, despite years of warnings from U.S. and Canadian health authorities. more »
- Winnipegger warns drivers of photo radar trap

- A Winnipeg man is taking a stand against photo radar in his Transcona neighbourhood. more »
- Lick It List resurrected for 2nd dying dog
- An 11-year-old boy from Shilo, Man., is embarking on his second tribute to a dying dog in one year. more »
- Toddler hurt in van crash getting better in hospital
- A three-year-old girl initially listed in critical condition after a van crashed into a building in Winnipeg is improving in hospital. more »
Must Watch
Top News Headlines
- Obesity called a disease by U.S. doctors group
- The American Medical Association has voted to recognize obesity as a disease, while doctors in Canada say they also treat it as such. more »
- Neil Macdonald: Washington's obsession with leakers
- Julian Assange and Edward Snowden are just the most prominent targets in an all-out legal and propaganda campaign that America's security apparatus is mounting against leakers everywhere, Neil Macdonald writes. more »
- How open is Ottawa's new 'open data' website?
- Treasury Board President Tony Clement is touting the federal government's revamped data portal as a "new natural resource." But that online window for previously published data arrives at the same time the government faces controversy over just how open it really is. more »
- 30,000 Canadians are homeless every night
- A new national report into homelessness in this country tells a grim story — at least 200,000 Canadians experience homelessness in any given year and least 30,000 Canadians are homeless on any given night. more »
- Has the lost bell of Batoche been found in Manitoba?
- Lick It List resurrected for 2nd dying dog
- Thousands of caterpillars descend on Lake Manitoba
- More seniors dying in bedrail accidents, reports show
- Taylor Swift concert plan targets stadium traffic woes
- Search continues for Jennifer Catcheway 5 years later
- Girl, 3, critical after car hits building in West End
- 2 men stabbed in Winnipeg after stopping car break-in
- Manitoba math classes going back to the basics


A New Home for the Bombers