This is always a tough call. My cousin the cop, is a hockey referee. While officiating a game, (16 year olds), one player skated up behind another and hit that play over the head with a hockey stick. My cousin skated over and placed that player under arrest. The attacker was convicted of assualt with a weapon.
There is no place at all that a player consents that the (in Canada) criminal code does not apply to sports.
I teach Karate, we spar as part of training. At no time do I give my consent for one of my students to intentionally inflict harm of a serious nature on another student. My students do understand that a broken nose or broken hands etc may result but they expect that nobody will intentionally, with malice harm another person.
The big thing about Bertuzzi was that he threatened harm to Moore prior to the game, made the attack when the puck was nowhere near his victim. He did not check him, punch him or kick him, he used a "weapon" to inflict harm.
That was pre-meditated and with malice. There is no question in my mind that Bertuzzi should have been convicted, get a criminal record and spend some time in jail.
With a criminal conviction Bertuzzi would be out of hockey as he would be prohibited from crossing from Canada into the US and vice versa.