Will Carter Hart Ever Play In The NHL Ever Again

Following his acquittal on sexual assault charges, the question being asked is whether Carter Hart will play again in the NHL. Hart has shown flashes of being a good goaltender in a league that is short on reliable goalies.

It may not be right away, but expect to see Hart return to the NHL. Ultimately, the league will have a tough time categorically denying Hart’s reinstatement.

There is no doubt that the sexual assault charges faced by Hart, along with Michael McLeod, Alex Formenton, Dillon Dube and Callan Foote, were very serious in nature.

And there is no doubt that the NHL CBA confers upon Commissioner Gary Bettman broad discretionary powers as its relates to player discipline. As per Paragraph 18-A.1, Bettman may impose discipline on players in cases where they have engaged in conduct that is deemed by the League as “detrimental to or against the welfare of the League”. And these discretionary powers have been repeatedly confirmed by the Courts.

Commissioner discipline, however, is not absolute in nature and must align with past practice and precedent.

As well, the players were acquitted of the very serious criminal charges.

In her decision read from the bench, Justice Maria Carroccia of the Ontario Court of Justice was unequivocal in her criticism of the Complainant E.M.’s credibility. She also declared she found consent, which means the sexual activity did not rise to the level of sexual assault:

“In this case, I have found actual consent,” Carroccia said. “I do not find the evidence of E.M. to be either credible or reliable.”

This categorical rebuke of the allegations, together with the acquittal of all five players, should assist in getting Hart reinstated. Justice Carroccia’s decisive language may provide a path forward for the League.

Of course reinstatement and actually being signed by a team are two different things. A player can be reinstated but not signed. Before a team takes on a player like Hart, it’s likely it will conduct a cost/benefit analysis to assess whether there is a strong business case against the signing. Teams, like any other business, will want to assess the possible implications of signing any of the five players, including Hart.

One possible scenario is the League may want to suspend the players to send a message to the public of its disapproval.

Ultimately, however, expect any form of discipline imposed by Bettman to be contested by the NHLPA. The Union will argue the players did not engage in the alleged criminal activity and should therefore not face any further punitive consequences.