Judge cites potential CTE in sentencing former CFL player for assault of police officer

Photo courtesy: Scott Grant/CFLPhotoArchive.com

A B.C. provincial court judge has sentenced a former CFL player to two years of house arrest for assaulting a police officer, citing traumatic brain injuries suffered while playing football as a possible contributing factor to the incident.

According to Bob Mackin of the Prince George Citizen, Robert Waite pled guilty to one count of assaulting a peace officer causing bodily harm, which carries a maximum punishment of 10 years in prison. Crown prosecutors were seeking up to three years in jail for the 67-year-old, but Judge Martin Nadon ruled in favour of a lesser sentence due to Waite’s lack of previous criminal history and poor health.

He believes that Waite’s actions may have been influenced by chronic traumatic encephalopathy (CTE), a neurodegenerative disease found in retired football players after repeated hits to the head.

“I say may, because it cannot be definitively diagnosed prior to dissecting the brain after death, but it is a condition known to arise in athletes in contact sports as a result of repeated mild brain trauma,” Nadon said in his ruling. “CTE may result in trouble with thinking and emotions as well as other problems.”

Waite was selected with the 12th overall pick in the 1982 CFL Draft out of the University of British Columbia. He went on to play 13 games over three seasons along the offensive and defensive line with the Calgary Stampeders, B.C. Lions, and Saskatchewan Roughriders.

The resident of Prince George, B.C. was arrested on March 25, 2023, near the intersection of Highway 97 North and 10th Avenue. Const. Aaron Semeniuk of the B.C. Highway Patrol came close to colliding with Waite’s vehicle during a routine traffic stop, prompting the former lineman to exit his vehicle to attack the officer by punching him three times in the face and making “gratuitous” verbal comments. Three members of the public came to the officer’s aid, allowing him to gain control of Waite.

According to testimony, Semeniuk was off work for seven months following the attack and continues to suffer from back problems.

Waite will be under full house arrest for the next 15 months. During that time, he can only leave for three hours on Wednesday and Saturday to complete essential tasks like grocery shopping. Exceptions will be made for emergency medical care or with prior written permission for employment. After that period, he will have a 9:00 p.m. to 6:00 a.m. curfew for the remainder of his sentence.

The CFL has made strides to reduce concussions and improve player safety in recent years but has never publicly acknowledged a link between football and CTE. The Supreme Court of Canada dismissed a lawsuit by former receiver Arland Bruce III in March of 2018 that claimed the league had systemically failed to warn former players of traumatic brain injury risk or prevent them, stating that disputes covered under the collective bargaining agreement must instead go through labour arbitration.

A separate class-action suit led by former defensive back Korey Banks and former receiver Eric Allen was discontinued in November of 2023 after a deal was struck to extend the injury grievance deadline for former players suffering lasting effects from concussions. That window for previously retired players closed on April 30, 2024.