Trial Overview
The sexual assault trial involving Hockey Canada, which has garnered significant attention, is moving towards its final stages after both the prosecution and defense completed their presentation of evidence. This was disclosed during proceedings in Ontario Superior Court, marking a pivotal moment as the trial approaches its conclusion. Oral arguments are set to take place on June 9, where the Crown and defense will present their submissions to Justice Maria Carroccia. Unlike in jury trials where closing statements are made to summarize the case, these submissions will delve into the critical aspects of the legal arguments and case law relevant to the matter at hand.
The Defendants and Allegations
The case revolves around five defendants—Michael McLeod, Dillon Dubé, Carter Hart, Alex Formenton, and Cal Foote—who are accused of sexually assaulting a 20-year-old woman, referred to as E.M. due to a court-ordered publication ban. This incident allegedly occurred in 2018 during a celebration in London, Ontario, related to the Canadian World Juniors Championship.
According to E.M., she experienced severe humiliation and was coerced into sexual acts over several hours in a hotel room. All five players have maintained their innocence throughout the trial, which is now entering its seventh week.
Key Testimonies
Detective Lyndsey Ryan of the London Police was the last person to testify in this case. She detailed her assignment to review the 2018 investigation, which had been closed before being reopened following a settlement between Hockey Canada and E.M. in her civil suit. Ryan remarked on meeting E.M. in July 2022, noting E.M.’s distress upon learning that the case was being revisited. Ryan explained she was cautious about preserving E.M.’s privacy and emotional well-being, opting not to interview friends of E.M. from that evening, whom the defense suggested might provide relevant information.
During her testimony, Ryan highlighted a significant shift in E.M.’s perspective between her initial statement in 2018 and a subsequent one given in 2022. She noted that E.M. initially felt remorseful and uncertain about the events, but with reflection over the following years, she recognized she was not to blame for what transpired, emphasizing that acquiescence does not equate to consent.
Ryan was asked whether these early feelings influenced the decision to press charges, to which she responded that her experience with other victims showed this reaction was normal and did not hinder the process.
Defendant Testimony
Among the defendants, Hart was the sole player to testify. His account focused on events from the night of June 19, 2018, where he described being receptive to a sexual encounter after receiving a message from McLeod. Hart affirmed that the subsequent oral sex was consensual and claimed E.M. was the one expressing a desire for further sexual interaction.
However, cross-examination revealed inconsistencies in his memory and brought attention to the group’s conduct during that fateful night, addressing concerns raised by the Crown regarding their actions in relation to E.M.’s presence at the hotel.
