Hockey Canada sexual assault trial judge says onus of proof for the charges has not been met
LONDON, Ontario (AP) — An Ontario judge was delivering her ruling Thursday in the sexual assault trial of five former members of Canada’s world junior hockey team, saying she did not find the complainant’s testimony to be credible.
Superior Court Justice Maria Carroccia said prosecutors could not meet the onus of proof for the charges. She was still reading the reasons for her decision and hadn’t officially ruled on the charges against each player.
Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote have all pleaded not guilty to sexual assault in an encounter that took place in a London, Ontario, hotel room in the early hours of June 19, 2018. McLeod has also pleaded not guilty to a separate count of being a party to the offense, an unusual application of a charge that is more typically seen in murder cases.
The players, who are now between the ages of 25 and 27, were in London at the time for a gala and golf tournament marking their championship victory.
Years of speculation regarding the allegations — fueled by a lawsuit settlement, parliamentary hearings and revived investigations by the police and Hockey Canada, along with an NHL investigation — all preceded a complex trial earlier this year that included a mistrial and the dismissal of the jury, leaving the verdict to Carroccia.
The woman testified in May that she was naked, drunk and scared when four of the men showed up unexpectedly in her room at the Delta Hotel London Armouries and felt the only “safe” option was to do what they wanted. Prosecutors argued the players did what they wanted without taking steps to ensure she was voluntarily consenting to sexual acts.
“I made the choice to dance with them and drink at the bar, I did not make the choice to have them do what they did back at the hotel,” she testified.
Defense attorneys cross-examined her for days and suggested she actively participated in or initiated sexual activity because she wanted a “wild night.” Two short videos of the complainant taken by McLeod the night of the encounter were played in court. In one, the woman says it was “all consensual,” though she told the court that wasn’t how she truly felt.
Protesters gathered outside a packed London courthouse on Thursday morning, holding signs that signaled support for the complainant.
The Associated Press does not identify alleged victims of sexual assault unless the accuser has granted permission to do so, which she has not.
The public didn’t learn of the allegations for years. Police closed their initial investigation without charges in early 2019, but the complainant sued Hockey Canada in 2022. The organization settled the lawsuit amid intense scrutiny that cost it sponsors, but police reopened their investigation.
The players’ identities were made public when they were charged in early 2024. At the time, four of them played in the NHL — Dube for the Calgary Flames, Hart for the Philadelphia Flyers, and McLeod and Foote for the New Jersey Devils. Formenton had previously played for the Ottawa Senators before joining a Swiss team. All went on indefinite leave and none is on an NHL roster or has an active contract with a team in the league.
The NHL launched its own investigation in 2022. Officials pledged to release the findings, though Commissioner Gary Bettman said in February that would depend on what the league can say given legal proceedings.
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