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The 2003 Archives: The Suit is Settled

2003 was a relatively quiet year for Canadian hockey. The civil suit against James was settled out-of-court and Sheldon continued campaigning for the CHA's Speak Out! program, eventually getting officially named on the CHA website as part of the Speak Out! committee.

The list of archived articles from 2003 is by no means complete. If you have any that are not displayed here, please send me a copy of the article, along with the site address you got it from and please email me.....thanks for your help!!!

Below are the archives for 2003.

Hockey Coach Settles Sex Abuse Suit

Lawsuit Settled Over James Molestation

Kennedy Joins Speak Out / Message From Sheldon Kennedy
(Thanks, Rosalyn!)

First Annual Conference on Sexual Assault
(Archived Appearance Notice by the RCMP)

Kennedy Urges Fleury to Retire

Settlement Reached In James Lawsuit

Hockey Coach Settles Sex Abuse Suit

Last Updated Fri, 11 Apr 2003 7:34:49

REGINA - A coach convicted of sexually abusing young players in the Western Hockey League has settled a civil lawsuit out of court.
Details of the agreement, reached days before the case against Graham James was to begin, were not released.
James used to coach the Swift Current Broncos in Saskatchewan. He spent almost three years in prison for molesting two players on his team.
One of them was former NHL player Sheldon Kennedy. The other was an unidentified athlete who was 15 when he joined the Broncos in 1990.
James, who has been banned for life by the Canadian Hockey Association, is now coaching children as young as eight in Spain.
The victim who launched the lawsuit is relieved the case has been settled, according to his lawyer, Fran Huck.
"What this does obviously for them is to provide closure to a long, torturous situation," Huck told CBC News on Thursday.
The WHL and other hockey officials also wanted to avoid a trial, according to analysts, because it would have meant repeating in detail the story of how an adult preyed on boys in his care. The case had been expected to last at least six weeks.
The association says the game is a lot safer for young players now that victims have come forward in recent years to complain about sexual abuse inside and outside the locker-room.

Written by CBC News Online staff


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Lawsuit Settled Over James Molestation

CALGARY (CP) -- A lawsuit stemming from the sexual abuse of a young hockey player by coach Graham James has been settled out of court.

Wednesday's deal comes just days before a civil trial was to begin in Swift Current, Sask., that would have focused a sharp spotlight on junior hockey and how a sexual predator could molest teenaged players for years with no one raising alarms.

Six weeks had been set aside for the trial, which was expected to be an emotional ordeal for the victim, now in his early 30s.

"It has been resolved," said lawyer Aaron Fox, who represents the Swift Current Broncos, the Western Hockey League, the Canadian Hockey Association and most of the other defendants named in the lawsuit.

Details of the settlement with the player and his parents will not be released.

James, a Memorial-Cup winning coach, served almost three years in prison for molesting the plaintiff and former Boston Bruin Sheldon Kennedy while they played for the Swift Current Broncos of the WHL.

Former Broncos president John Rittinger, who was named in the suit, said the James case has focused such attention on sexual abuse that young players today shouldn't have to feel that they must suffer in silence.

"Kids know now that it's OK to shun the advances and do something about it," said Rittinger, who hired James as the Broncos coach.

"In the past, it was such a bugaboo that they would be thought of as lesser individuals. I'm sure kids in the past were afraid to say anything to anybody. Now, they see it's something the law can deal with and you're not alone."

James has ignored the court action since it was filed in January 1999. Canadians were shocked to learn last spring that James was coaching in Spain after the Canadian Hockey Association imposed a lifetime ban on him in Canada.

Fox says those named in the lawsuit have never disputed the actions of James, adding that many of them also felt betrayed by the actions of the sexual predator.

"I don't know if it saves Canadian hockey anything," Fox said. "No one wants to see anything like this happen again."

The former player, who cannot be identified under court order, was a 15-year-old farm boy when he left home and began playing for the Broncos in 1990. In court documents, he claimed the defendants knew James was abusing players and could have prevented him from coaching and managing in the WHL.

Now married and living in Saskatchewan, he was not available for comment. Calls to his lawyers were not immediately returned.

James helped produce some of the NHL's brightest stars, including Colorado Avalanche captain Joe Sakic, Theoren Fleury of the New York Rangers and Geoff Sanderson of the Columbus Blue Jackets.

The Canadian Hockey Association, which insures the Western Hockey League, will cover much of the settlement.

"While we acknowledge that none of other defendants other than Graham James are responsible for any of the damages suffered by the unnamed player, there was certainly a desire to assist the player in coping with the fallout from Graham James' actions," said Glen McCurdie, the association's director of insurance and member services.

In the wake of the James case, Canadian hockey launched a huge review of the sport and developed a series of programs to screen coaches and volunteers, as well as reduce abuse and harassment.

"If there is a silver lining in this, it's that we believe we now provide a safer environment for our youth," said McCurdie.

Rittinger said he feels it may be harder to attract volunteers, who can be held legally responsible for the actions of others.

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Sheldon Kennedy Joins Speak Out

The Speak Out Program of the CHA is delighted to welcome Sheldon Kennedy to our team. Sheldon joined Speak Out as a consultant and speaker on harassment and abuse to assist the CHA in dealing with this important issue.
Sheldon is the pride of Elkhorn, Manitoba. After a junior hockey career, he played for several NHL teams including the Detroit Red Wings, the Calgary Flames and the Boston Bruins.
Sheldon's courage off the ice led him to confront years of abuse at the hands of his hockey coach, Graham James. Thanks to Sheldon's honesty and willingness to bring this secret forward, the face of hockey in Canada has changed forever.
In an effort to help kids in need, Sheldon raised more than $3 million for the Sheldon Kennedy Foundation by roller skating across Canada. This 134-day journey became a source of inspiration for youth from St. John's to Victoria.
We are pleased to have Sheldon as a part of our Speak Out team and will keep you updated through this newsletter on his continuing involvement in making hockey a safe and fun place for youth.

* * *

A Message From Sheldon Kennedy

There was once an era when a junior hockey coach was revered, feared and, in some cases, viewed as a ticket to the NHL. The coach was a stoic, at times volatile icon who was feared by his young players and taken at face value by the players' parents.
Times have changed.
As I reflect on minor hockey now as a consultant for CHA's Speak Out program, and the differences I see from when I was involved in junior hockey as a Memorial Cup championship team captain, the most valuable change I see is that people are talking to each other. The role of a minor hockey coach is evolving to a communicative sounding board for parents and children alike.
How did the change emerge?
The way I see it, sometimes bad things need to happen to good people in order for major societal change to occur. In my case, I was taken advantage of by my junior hockey coach and had nowhere to turn. I was 13 years old, uneducated, away from home and had no clue what was going on or how to handle it and remove myself from the situation. I believe that if Graham James came after me in today's minor league climate, he would have been stopped dead in his tracks.
Instead of watching minor league hockey collapse under intense public scrutiny following my case, the Canadian Hockey Association chose to confront the problem of abuse head on in all its forms. By implementing new policies, and by screening and educating coaches, CHA has thrust historically taboo subjects into the public eye in a non-threatening, enlightening manner.
Children need a sounding board. Children need to feel safe. They need to know that they won't get in trouble or be cut from the team, bullied, laughed at, rejected or ignored when faced with a threatening situation or even a simple question. Speak Out teaches coaches to listen and to be people children can count on when they get to the rink - a major change from the macho, non-verbal atmosphere of the minor hockey I grew up in.
We have learned that a healthy, clear mind leads to a healthy child. If children are being hurt in any way or keeping dammaging secrets, they will never be able to reach their potential as athletes or people. Speak Out has embraced this theory and is working hard to implement important and ground-breaking changes in minor hockey.
I hope parents learn from Speak Out as well. Parents must look closely at what their children are involved in. Whether at the rink, at school or just playing with friends, parents must pay attention to what is going on every single day of their child's life. It does seem that parents are taking strides to pay more attention and to stop using hockey as a babysitting device. They are taking more active, probing interest in their children's lives. For that, I am truly grateful that my situation played a part in the ever-increasing awareness about what can happen to our children if they are not listened to and treated with respect.
Children are our future, and the future of minor hockey rests in the hearts and souls of healthy, safe children and the coaches who shape their lives every day.
---
Sheldon Kennedy is currently acting as a consultant to the Speak Out Program in his continuous quest to raise the level of awareness and communication around abuse and harassment. Sheldon resides in Calgary with his daughter Ryan.

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1st ANNUAL CONFERENCE ON SEXUAL ASSAULT
APRIL 2-4, 2003
NIAGARA FALLS, ONTARIO

The Niagara Regional Police Service’s Assault and Offender Management Units will host this informative conference geared toward law enforcement personnel and crown attorneys, involved in the field of sexual assault, dangerous offenders and offender management issues.

This seminar will feature speakers; Doctor John Yuille, who will discuss issues relevant to credibility assessment in the adult recall of childhood events, Doctor Alberto Choy and crown attorney Rita Zaied who will discuss issues relating to Offender Management and Dangerous Offender Applications. Former NHL player Sheldon Kennedy will present his unique perspective on victims issues. Other experts will speak to issues of relevance to sexual assault investigations.

For further information, please contact Maureen Phelan at (905) 688-4111 ext. 5100 between the hours of 8:00 a.m. to 4:00 p.m.

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Kennedy urges Fleury to retire
Matthew Sekeres
CanWest News Service
Sunday, April 13, 2003

Theoren Fleury should consider retirement -- it may even save his life -- says the NHL player's childhood friend and former teammate, Sheldon Kennedy.
On Friday, Fleury was suspended for at least six months without pay for violating terms of the National Hockey League's substance abuse policy. The Chicago Blackhawks forward was placed in Stage 3 of the Substance Abuse and Behavioural Health Program for unspecified reasons.
Since the Blackhawks' season is over, Fleury is not getting paid anyway, but the minimum length of the ban will take him to the start of next season. He will have to apply for reinstatement.
However, Fleury should think about hanging up his skates, said Kennedy, who became a household name in 1997, when he publicly admitted being sexually abused by disgraced former junior coach Graham James.
"Beyond his career or anything, it's Theoren's life," Kennedy said Saturday, when he was in Ottawa as the keynote speaker to an Ottawa District Hockey Association seminar on preventing abuse and harassment. "Obviously, there is something that is troubling Theoren and I hope that he can face it and get it straightened out.
"Whether it is retiring from the game, instead of having the pressures of going back to try and play and running into walls, maybe it is something he needs to look at. Maybe he needs to step back and step away. He has had a great career.
"I hope Theoren gets his life back on track. I know where he has been. I've been exactly in the places he has been, and it is not fun. It doesn't make somebody a bad person, but I guess the way I look at it, people who are in that situation, if they don't figure it out or understand it, usually the ultimate destination is death."
In 1984, James was head scout for the Western Hockey League's Moose Jaw Warriors when he recruited Fleury, from Oxbow, Sask., and Kennedy, from Elkhorn, Man.
Two years later, James became head coach of the WHL's Swift Current Broncos and he made a trade to acquire Kennedy. Kennedy, who later turned to alcohol and drugs while dealing with personal demons, suffered years of abuse under James, who molested him and another unnamed Broncos player.
During a trip to Anaheim, Calif., that year, Kennedy said, James forced him to perform a sexual act while Fleury slept in the back seat of the car. Fleury at first denied the incident, then relented, saying it could have occurred while he dozed.
"All I am saying is I didn't see anything," Fleury said at the time.
James, who led the Broncos to a Memorial Cup title in 1989, pleaded guilty to sexual assault in January 1997. He served almost three years in prison and had a lifetime ban imposed upon him by the Canadian Hockey League. He now lives and coaches minor hockey in Spain.
Kennedy, 33, said he doubted Fleury would play beyond next season, the final year of an $8.5-million contract he signed last summer. Rumours have circulated the 'Hawks may attempt to buy out Fleury, who missed 28 games and recorded a career-low 33 points during an incident-plagued 2002-2003 season.
Fleury, 34, began the season with a 25-game suspension for violating terms of his aftercare program. Soon after returning, he missed a practice, claiming he had overslept. In January, he was involved in a physical confrontation at a strip club in Columbus, Ohio.
"When I grew up with Theoren, he wasn't much of a drinker at all," Kennedy said. "He was very dedicated to the game. It has just been in the last few years that Theoren has been running from something, and it's a matter of him figuring out what he is running from. I'm not sure (what it is)."
Kennedy played eight NHL seasons before retiring in 1998. He lives on a ranch near Calgary and works as a consultant to the Canadian Hockey League, travelling the country in support of the "Speak Out" program that aims to eliminate abuse and harassment in minor hockey.
A teammate of Fleury with the Calgary Flames in 1994 and '95, Kennedy had been expected to testify in the trial of a civil lawsuit filed by a former Swift Current teammate, another victim of James' abuse. However, an out-of-court settlement was reached earlier this week between the former player, the Broncos, the WHL, the Canadian Hockey Association and other defendants, not including James.
In court documents, the former Broncos player, now in his 20s, alleged the defendants knew James was abusing players, but did not prevent him from coaching and managing in the WHL. James has ignored the court action since it was filed in early 1999.
"I wish that I had the chance to confront Graham and that people had a chance to see the whole picture unfold, whether it be ugly or not," Kennedy said. "With the horrible way that he was, I think he got off this whole thing pretty easy. There are a lot of people who suffered due to him.
"Somewhere down the road, something will happen. He'll get his eventually, whatever it may be," he added. "I can't have hate, but I truly believe in karma and what goes around comes around."
© Copyright 2003 Calgary Herald

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'I hope Theoren gets his life back on track'
Kennedy says troubled NHL forward should consider retirement Matthew Sekeres
The Ottawa Citizen
Sunday, April 13, 2003

Theoren Fleury should consider retirement -- it might even save his life -- says the NHL player's childhood friend and former teammate, Sheldon Kennedy. On Friday, Fleury was suspended for at least six months without pay for violating terms of the NHL's substance abuse policy. The Chicago Blackhawks forward was placed in Stage 3 of the Substance Abuse and Behavioural Health Program for unspecified reasons and will have to apply for reinstatement.

However, Fleury should think about hanging up his skates rather than apply for reinstatement in October, when the suspension expires, said Kennedy, who became a household name in 1997 when he publicly admitted being sexually abused by disgraced former junior coach Graham James.

"Beyond his career or anything, it's Theoren's life," said Kennedy, who was in Ottawa as the keynote speaker at an Ottawa District Hockey Association seminar on preventing abuse and harassment. "Obviously, there is something that is troubling Theoren, and I hope that he can face it and get it straightened out.

"Whether it is retiring from the game, instead of having the pressures of going back to try and play and running into walls, maybe it is something he needs to look at. Maybe he needs to step back and step away. He has had a great career.

"I hope Theoren gets his life back on track. I know where he has been, I've been exactly in the places he has been, and it is not fun. It doesn't make somebody a bad person, but I guess the way I look at it, people who are in that situation, if they don't figure it out or understand it, usually the ultimate destination is death."

In 1984, James was head scout for the Western Hockey League's Moose Jaw Warriors when he recruited Fleury, from Oxbow, Sask., and Kennedy, from Elkhorn, Man. Two years later, James became head coach of the WHL's Swift Current Broncos, and he made a trade to acquire Kennedy. Kennedy, who later turned to alcohol and drugs while dealing with personal demons, suffered years of abuse under James, who molested him and another, unnamed Broncos player.

During a trip to Anaheim, California, that year, Kennedy said, James forced him to perform a sexual act while Fleury slept in the back seat of the car. Fleury at first denied the incident, then relented, saying it could have occurred while he dozed.

"All I am saying is I didn't see anything," Fleury said at the time. James, who led the Broncos to a Memorial Cup title in 1989, plead guilty to sexual assault in January 1997. He served almost three years in prison and had a lifetime ban imposed upon him by the Canadian Hockey League. He now lives and coaches minor hockey in Spain. Kennedy, 33, said he doubted Fleury would play beyond next season, the final year of an $8.5-million contract he signed last summer.

Rumours have circulated that Chicago might try to buy out Fleury, who missed 28 games and had a career-low 33 points during an incident-plagued 2002-2003 season. Fleury, 34, began the season with a 25-game suspension for violating terms of his aftercare program. Soon after returning, he missed a practice, claiming he had overslept. In January, he was involved in a physical confrontation at a strip club in Columbus, Ohio.

"When I grew up with Theoren, he wasn't much of a drinker at all," Kennedy said. "He hardly drank. He was very dedicated to the game. I never thought that all this stuff would be happening. "It has just been in the last few years that Theoren has been running from something, and it's a matter of him figuring out what he is running from." Kennedy played eight NHL seasons before retiring in 1998.

He lives on a ranch near Calgary and works as a consultant to the Canadian Hockey League, travelling the country in support of the "Speak Out" program that aims to eliminate abuse and harassment in minor hockey. A teammate of Fleury's with the NHL's Calgary Flames in 1994 and '95, Kennedy had been expected to testify in the trial of a civil lawsuit filed by a former Swift Current teammate, another victim of James' abuse. However, an out-of-court settlement was reached earlier this week between the former player, the Broncos, the WHL, the Canadian Hockey Association and other defendants, not including James. In court documents, the former Broncos player, now in his 20s, alleged that the defendants knew James was abusing players, but did not prevent him from coaching and managing in the WHL. James has ignored the court action since it was filed in early 1999.

"I wish that I had the chance to confront Graham and that people had a chance to see the whole picture unfold, whether it be ugly or not," Kennedy said yesterday. "With the horrible way that he was, I think he got off this whole thing pretty easy. There are a lot of people who suffered due to him. "Somewhere down the road, something will happen. He'll get his eventually, whatever it may be," he added. "I can't have hate, but I truly believe in karma, and what goes around comes around."

© Copyright 2003 The Ottawa Citizen

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Web Posted : Apr 10 2003 08:54 AM MDT
CBC Edmonton News
740 AM Live
Latest Radio News

Settlement reached in James lawsuit

Regina - A man who suffered lengthy sexual abuse at the hands of former hockey coach Graham James has reached an out-of-court settlement with the hockey establishment.

James, a former Calgary Hitmen coach who was fired in 1997, spent more than a year in jail for sexually assaulting two of his former players. They did not play for the Hitmen.

The victim in this case, who can't be identified, was suing James, the Canadian Hockey Association, the Western Hockey League and the Swift Current Broncos, alleging that the organizations knew what their coach was doing.

The defendants' lawyer, Aaron Fox, says his clients have accepted no responsibility for what James did.

"I think while it was acknowledged that none of the other defendants, beyond James, were responsible for the damages suffered by the player, certainly there was a desire to assist the player in coping with those damages," says Fox. "I think it would be fair to say that everybody concerned would be happy to see it resolved.

"Graham James shocked a lot of people, affected a lot of people. People who worked with him were very shocked to see what came out and I'm sure everyone is glad to be able to move on."

James has been banned from coaching in Canada, but has landed a coaching job in Spain.

The terms of the settlement are confidential. The civil trial was to begin next week in Swift Current.

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