Graham James could be released from prison this fall
CBC News
Posted: Mar 21, 2012 8:19 AM CT
Last Updated: Mar 21, 2012 11:07 AM CT
(John Woods/The Canadian Press)
Disgraced former junior hockey coach Graham James could be out of prison before Christmas, despite receiving a two-year sentence this week for sexually assaulting two players.
James was sentenced Tuesday in Winnipeg for sexually assaulting ex-NHL player Theoren Fleury and Fleury's younger cousin, Todd Holt, while coaching them in the junior hockey ranks during the 1980s and early '90s.
James received two years for each offence, but the sentences will be served concurrently.
A court artist's sketch shows Graham James during his sentencing hearing in Winnipeg on Tuesday. (Tom Andrich/The Canadian Press)But David Deutcher, a University of Manitoba law professor, says all inmates have the opportunity to get early parole after serving only one-third of their sentences — and most are paroled after two-thirds.
"So whatever sentence you hear, that's not generally what the individual will serve," he said.
Because the sentence was two years, James is serving time in a federal penitentiary. Had the sentence been one day less, he would be in a provincial jail.
Uof M law professor David Milward said a shorter sentence in provincial jail could have actually meant more time behind bars.
"It might actually have been harsher … because then he'd have to do all of his time in provincial jail. But because his sentence was two years it's in a federal penitentary and he's eligible for parole after a third of his sentence," he said.
Milward believes parole at that one-third mark won't likely be a problem for James to get.
"He hasn't reoffended since his prior conviction and that's something the parole board's going to take into consideration," Milward said.
The Crown had sought a six-year prison term for James on the latest charges.
The defence wanted a conditional sentence with no jail time. The conditional sentence, of 12 to 18 months, would have included a curfew, monitoring and counselling.
Sentence 'an embarrassment'
The two-year sentence is drawing the ire of hockey parents in Winnipeg.
Ramona Thomson, who has three young girls in the sport, is outraged.
"I think it's actually an embarrassment that he only got two years, because he did really ruin people's lives," she said.
"I feel that for what he did, [the sentence should] ruin his life because he's ruined so many. I think it's really, was just, a huge scar on the Canadian hockey association."
Thomson said she regularly talks with her daughters about what is appropriate behaviour from their coaches.
Evan Roitenberg, James's lawyer, said Manitoba provincial court Judge Catherine Carlson made a "very reasoned and fair decision," even though the two-year prison term is longer than what he had wanted.
"I have no quarrel with the fact that this judge did a very thorough and reasoned decision, [taking] all factors into account," Roitenberg told CBC News in an interview.
Share Tools
Latest Manitoba News Headlines
- Winnipeg’s gay community welcomes easing of blood ban
- Manitoba's gay and bisexual community is applauding a move by Canadian Blood Services to ease restrictions who want to donate blood. But Jonathan Niemczak said the battle for equality isn't over yet. more »
- Discarded chairs, sofas, push risk of arson up
- Some residents say piles of garbage in the city's back lanes are a fire hazard. more »
- Kids of MANFF officials paid for mileage, overtime
- The agency in charge of disbursing federal money to 2011 flood evacuees paid thousands of dollars in overtime and mileage expenses –in some cases, to a senior official or the children of senior officials, CBC News has learned. more »
- 2 killed in semi crash on Trans-Canada
- RCMP are investigating after a semi and a vehicle collided on the Trans-Canada Highway just west of Portage la Prairie Wednesday afternoon. more »
Must Watch
Top News Headlines
- Mike Duffy's primary home not P.E.I., unedited Senate report says
- A copy of the original report by an internal Senate committee on Senator Mike Duffy's expense claims, obtained by CBC News, makes it clear the committee believes Duffy's primary residence is in Ottawa, and not in P.E.I. more »
- Neil Macdonald: Harper no Obama when it comes to dealing with scandals
- Beset by three so-called scandals at the moment, Barack Obama has been meeting his accusers and the press head on, Neil Macdonald writes. The same cannot be said for how Stephen Harper operates. more »
- Needed: New approaches to defuse 'suicide contagion' among teens
- Mental health experts say we need to find new ways to refer to and discuss suicide, particularly now that a large medical study has confirmed that teens are more susceptible to the idea if they know a schoolmate who died that way. more »
- 2nd suspect in Tim Bosma case now in court for murder charge
- A second man arrested in the death of Tim Bosma, a Hamilton husband and father who disappeared after taking two men on a test drive of his pickup truck, has arrived in court to face a charge of first-degree murder. more »
- 2 killed in semi crash on Trans-Canada
- Senior gets wrong meds, ends up on life support
- Winnipeg's tallest highrise to go up at Graham, Garry
- Gretna border closed as North Dakota grapples with flood
- Discarded chairs, sofas, push risk of arson up
- Emterra crew dumps trash, recycling in same truck
- Man dies after car plunges into Winnipeg pond
- Winnipeg’s gay community welcomes easing of blood ban
- Board member resigns from native fire fighters association

