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Can the NHL change a major penalty after it’s called?

Dec 9, 2023; Toronto, Ontario, CAN; Nashville Predators center Yakov Trenin (13) skates during the warmup against the Toronto Maple Leafs at Scotiabank Arena. Mandatory Credit: Nick Turchiaro-USA TODAY Sports

In 2022-23, the NHL amended Rule 20.6, which now states that a referee has the option to confirm, downgrade, or nullify a major penalty assessed after a video review. It was a step forward in transparency and commitment to getting the call right.

In tonight’s game against the Philadelphia Flyers, Yakov Trenin was initially assessed a two-minute minor for an illegal check to the head against Morgan Frost, who appeared to be injured on the play. The hit wasn’t good, but it also wasn’t to the head–Trenin hit Frost in the back, and Frost’s head collided with the glass. Before play resumed, the referees changed the call to a major for an illegal check to the head and put it under review.

After an extended review, the final call assessed against Trenin was a five-minute major and a game misconduct for boarding. Boarding is what happened, and I’m a strong supporter of the NHL cracking down on plays that can lead to head injuries, but was the call legal?

Here’s the 2023-24 rulebook on the matter of review of major penalties:

20.6 On-Ice Video Review of Major Penalties – Referees shall review all plays that result in the assessment of any Major Penalty (other than a Major Penalty for Fighting) for the purpose of confirming (or modifying) their original call on the ice.
[…]
The Referee shall have the following options after video review of his own call: (i) confirming his original Major Penalty call; (ii) reducing his original Major Penalty call to a lesser penalty; or (iii) rescinding the original Major Penalty altogether.

NHL 2023-24 Rulebook

Boarding is listed as a penalty that requires a game misconduct with a major penalty if there’s an injury to the face or head, also per the NHL rulebook, and although Frost later rejoined the game he definitely did look injured at the time the call was made. However, this doesn’t look as if the referees are able to change the penalty called, only the severity of the penalty (if there was a penalty at all).

The rules do not seem to have changed since last year, when Jordan Binnington hit an opposing player in the face, was called for high-sticking, and escaped unpenalized upon review because he hadn’t actually used his stick. If this is the case, and the rules were applied correctly in the Binnington case, tonight’s on-ice refs made a mistake.

NHL refs getting a call right is important and should be encouraged–we’ve all seen some bad calls made or good calls missed–but as it stands, it seems like the League doesn’t allow them to do so unless they get close enough to right the first time.


Hat tip to @GeoFitz for mentioning the Binnington incident and confirming that the NHL has applied this rule differently in the past.