Appeal court upholds former Leafs captain’s four-year prison term
Judges had initially expressed concern sentence was too long
Former Maple Leafs captain Rob Ramage has begun serving a four-year prison term for the 2003 impaired driving crash that killed fellow hockey star Keith Magnuson, an accident for which “he will probably never forgive himself,” the Ontario Court of Appeal said Monday.
Ramage, 51, surrendered into custody on the weekend, before the court released its decision upholding the convictions and sentence imposed at a 2007 trial.
“Rob, in his usual dignified way, sort of approached it with a sense of resignation,” said his lawyer, Brian Greenspan.
But the ruling came as “a real shock” to Ramage’s wife and children, who attended the appeal at Osgoode Hall in March and believed, based on comments made by members of the three-judge panel, that his sentence would be reduced, Greenspan said.
Magnuson’s family was hoping for the same result, having made what the appeal court described as a “heartfelt plea for mercy.”
And it seemed the case might be heading in that direction. As the appeal got underway, Justice David Doherty walked into court and remarked that everyone on the panel was concerned about the length of the sentence considering Ramage’s otherwise exemplary life.
Justices Stephen Goudge and John Laskin noted Ramage has given up drinking and that more than 105 people wrote letters praising his community work, factors that potentially favoured a lighter sentence.
In Monday’s ruling, the court might have been trying to reconcile these earlier comments with the end result.
Writing on behalf of his judicial colleagues, Doherty said he had given Ramage’s sentence “anxious” consideration.
While he initially thought four years was too severe for an “outstanding” member of the community, whose remorse “is real and deep,” the law also requires the court to defer to the sentence imposed by a trial judge unless it is obviously unfit or results from an error in law, Doherty said.
Greenspan said the ruling takes the concept of deference to a new level.
“The judgment can only mean that the Court of Appeal is saying, ‘Despite our view that the trial judge was wrong, he had a right to be wrong and we have to defer to the trial judge’s right to be wrong,’ ” he said.
Ramage was expected to be transferred from a Toronto jail to Millhaven penitentiary near Kingston, a processing centre for federal inmates. After six weeks or more, he will likely be transferred to a minimum security penitentiary.
Ramage was at the wheel of a rental car that veered across the median on Rutherford Rd. in Woodbridge on Dec. 15, 2003, slamming into two oncoming vehicles and killing Magnusson, a former Chicago Blackhawks captain.
A Crown toxicology expert concluded from blood alcohol readings that Ramage had consumed 15 to 20 drinks before the accident.
“The danger created by the appellant’s conduct is not unlike that created by a drunken man who walks down a busy street firing a handgun at random,” Doherty said.
Ramage’s criminal record could prevent him from returning to the U.S., where he has lived and worked for many years, most recently as a scout for the St. Louis Blues.
Ramage’s son, John, was drafted last month by the Calgary Flames.