Hockey Canada sexual assault trial concludes, 4 of 5 accused chose not to testify

Four out of the five accused - Michael McLeod, Dillon Dubé, Alex Formenton, and Cal Foote - chose not to testify in the closely watched Canada’s 2018 World Junior hockey team sexual assault trial. The sexual assault trial involving the five hockey players is moving into its final stage, with all witness testimony complete and closing arguments scheduled for June 9 in London, Ontario.

Only Carter Hart took the stand last week, making him the sole defendant to provide direct evidence. All five have pleaded not guilty to the charges related to alleged group sexual assault of a woman, at a hotel in June 2018.

The case has gripped the nation, shining a spotlight on issues of consent, power, and accountability in Canadian sports.

Recent Developments

Detective Lyndsey Ryan, the lead investigator in the renewed police probe, on Monday (June 2), became the final witness to testify. Ryan described her approach to reopening the case in 2022, emphasizing her priority to avoid retraumatizing the complainant, known as E.M. due to a publication ban.

“I sensed that this was reopening wounds she was attempting to heal,” Ryan told the court. The case was initially closed in 2019, but revived after media reports revealed Hockey Canada had settled a lawsuit filed by E.M..

The trial, which began in late April, has been marked by legal complexity. A mistrial and subsequent jury dismissal led to Justice Maria Carroccia presiding alone.

Case Study and Allegations

The charges stem from a June 2018 incident at a London hotel following a Hockey Canada gala. E.M. testified that after a consensual encounter with Michael McLeod, she was subjected to hours of non-consensual sexual acts by McLeod, Dillon Dubé, Alex Formenton, Cal Foote, and Carter Hart. She described being slapped, spat on, threatened with golf clubs, and coerced into degrading sexual acts.

Assistant Crown attorney Heather Donkers framed the trial as “about consent. And equally important, it is about what is not consent,” emphasizing that the law requires voluntary agreement to each act at the time it occurs. The defense maintains E.M. was the sexual aggressor and that all acts were consensual, pointing to video evidence and E.M.’s statements immediately after the incident.

What’s Next

With testimony concluded, closing arguments will focus on legal precedents and the definition of consent. Justice Carroccia’s verdict will determine the fate of the five accused, who each face up to 10 years in prison if convicted. The case continues to spark national debate about sexual violence and the culture of elite sports in Canada.