Hockey Canada trial verdict: Judge finds all 5 former ice hockey players not guily in sexual assault case

Hockey Canada trial verdict: In a dramatic conclusion to one of Canada’s most watched trials, the former players for Canada's world junior hockey team were acquitted today after being accused of sexually assaulting a woman in a hotel room in 2018 in London, Ontario, where they had attended a Hockey Canada gala, as reported by BBC.

Judge Cites Unreliable Testimony, Says Crown Failed to Prove Guilt

Justice Maria Carroccia delivered the verdict of not guilty, ruling that the Crown had failed to prove the allegations beyond a reasonable doubt, according to the report.

Carroccia had reviewed all the testimony and evidence from the highly publicised eight-week trial over the course of several hours before declaring the men not guilty, as reported by BBC.


She described that the complainant, known as 'EM', whose evidence was not "credible or reliable," as reported by BBC. The judge highlighted inconsistencies in her testimony and conflicts between her recollections, video recordings, and witness accounts, as per the report. Carroccia said that "the Crown cannot meet its onus on any of the counts before me," as quoted by BBC.

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Who Were the Accused in the Hockey Canada Case?

The five Canadian ice hockey players, who were all players with the National Hockey League (NHL) when the allegations surfaced are:

Michael McLeod
Dillon Dube
Cal Foote
Alex Formenton
Carter Hart

Sexual Assault Case Background

EM, who was at that time 20 years, had initially reported the alleged assault to police in 2018, as per the report. The investigation was closed in 2019 but reopened in 2022 following reports that Hockey Canada used players' registration fees to pay an undisclosed settlement to the woman who made the accusations, as reported by Reuters.

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Hockey Canada Scandal: Lawsuit, Resignations, and Lost Sponsors

After the scandal led the Canadian federal government to freeze Hockey Canada's funding for 10 months, a number of major companies either paused or cancelled their sponsorships with the national governing body, as reported by Reuters. Hockey Canada has said that it would no longer use the fund financed by player registration fees to settle sexual assault claims, and the organisation's CEO and board of directors had stepped down, as reported by Reuters.

Key Issues at Hockey Canada Trial: Consent, Memory, and Intoxication

Justice Carroccia acknowledged that the case rested heavily on the issue of consent and EM’s memory of the night, as per the BBC report. She pointed to inconsistencies in her account, such as conflicting details about who purchased drinks, and also pointed out that EM's statements reflected an "uncertain memory" that did not line up with evidence presented in the trial, as reported by BBC.

Two videos of the encounter were shown during the trial, one recorded without EM’s knowledge, according to the report. While the judge clarified that these videos do not legally prove consent under Canadian law, she noted they did show EM "speaking normally, smiling," and that EM "did not appear to be in distress," as quoted by BBC. The judge highlighted, that undercut the Crown's argument that EM did not leave the room out of fear, according to the report.

Crown vs Defence Highlights

The Crown argued that EM had no motive to fabricate the incident, pointing out that the woman's testimony was credible as "intoxication does not equal unreliability" and that any contradictions in her testimony were minor, as reported by BBC. They emphasised that she first reported the assault to police in 2018, long before the Hockey Canada lawsuit was filed and later settled for C$3.5 million ($2.5 million), according to the report.

They also highlighted that, as per text messages between the players, it allegedly showed that it was McLeod's idea to invite his teammates to the room and that the players allegedly engaged in "getting their story straight" by drafting a narrative that EM had consented to all sexual activity, as reported by BBC.

The defence countered that EM was a willing participant and later experienced regret, according to the report. Other players in the room who were not charged testified that she was “vocal” and expressive about what she wanted sexually, as reported by BBC. The defence also pointed out that intoxication in this case did not equal "incapacity", submitting video evidence suggesting EM had not shown signs of extreme intoxication, as reported by BBC.

FAQs

Who were the accused hockey players?
Michael McLeod, Dillon Dube, Cal Foote, Alex Formenton, and Carter Hart, all former NHL players, were acquitted today, as per the BBC report.

Why did the judge acquit them?
Justice Carroccia found the complainant’s testimony inconsistent and unreliable. The Crown failed to meet the legal standard of proof.