Hockey Canada sex assault complainant 'very disappointed' with judge's assessment of her honesty, lawyer says

Edmonton Journal

24-07-2025

Five former members of Canada's world junior hockey team were acquitted of sexual assault on Thursday following a high-profile trial involving one complainant, identified only as E.M. due to a publication ban. Ontario Superior Court Justice Maria Carroccia found Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote not guilty of sexual assault after saying that the complainant's testimony was not found to be 'either credible or reliable.' 'Considering the evidence in this trial as a whole, I conclude that the Crown cannot meet its onus on any of the counts,' she said. Outside the London, Ont., court, the complainant's lawyer called the verdict 'devastating.'
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Karen Bellehumeur, lawyer for E.M.
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She's (E.M.) asking me to speak on her behalf today. She hasn't been here today. She's been watching on Zoom.
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I've spoken with her today, since the verdict, and she's obviously very disappointed with the verdict and very disappointed with her Honor's assessment of her honesty and reliability. She's really never experienced not being believed like this before.
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I'm going to come back to that, but right now I'd like to take the opportunity on her behalf to thank a number of people, really all those who have supported her. She's extremely grateful for the outpouring of support by the community. It gives her great solace to know that she is believed by so many. She has asked me to extend her heartfelt gratitude for all the support she has received from organizations and individuals who showed up for her in any way they could, either in person at the courthouse, or through the many letters of support.
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To quote her, she said, 'Your kind words mean so much to me and have helped me through this process more than you'll ever know.' She also wishes to thank Crowns Meaghan Cunningham and Heather Donkers for their tireless efforts. In this case, as well as Detective Ryan Lindsay and Inspector Catherine Dan for believing her and supporting her. Thank you as well to Lisa Hewitt, her VWAP worker who helped get her through those nine days of testimony.
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On a personal note, it has been my honour to represent and assist E.M. through this process. She is a remarkable person and truly a hero. Despite her feeling like this was the hardest thing she's ever had to do, she chose to persevere and continue with the process of seeking justice. She knew there were no guarantees for guilty verdicts, and that even if she decided not to testify, that decision would have been accepted.
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Despite her feeling like this is the hardest thing to do, she knew there was no guarantees for guilty verdicts, and she decided not to testify. That decision would have been accepted, but she felt that it was important to see the process through to the end, even if it meant opening yourself up to intense scrutiny and unjustified criticism. Her purpose, which was always at the forefront of her mind, was to stand up for herself and for others who have had similar experiences. She felt that the sexual violence she experienced should not be concealed. She felt there needed to be accountability, but her choice to testify came at a great personal cost. Nine days of testifying was more than she ever expected. Her treatment during cross examination at times was insulting, unfair, mocking, and disrespectful. None of which was necessary, yet she maintained her composure and kept her emotions in check, only to be criticized for not acting enough like a victim.
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I expect many people understand that when a person summons the courage to disclose their story, the worst possible outcome is to feel disbelieved. It's a gutting experience that no one deserves. That's why today's verdict is so devastating. E.M. did everything in her power to recount her experience honestly and to the best of her ability. She agreed to do everything asked of her by the criminal justice system. She spoke to the police whenever requested, she reviewed her evidence, she prepared her testimony, she answered every question, she spoke with intelligence, and from her heart. Yet it was not enough. Now she questions, what more could she have done? As her lawyer, I can tell her, there's nothing more she could have done. But that said, the Justice system must do better.
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It's important to understand that this case, the criminal justice system worked the way it's designed to work, to aggressively protect the rights of the accused. It's based on a concept that 10 guilty persons should walk free before one innocent person is wrongly convicted. So today, the accused have been declared not innocent, but simply not proven guilty beyond a reasonable doubt. And while the accused rights are important, those protections should not come at the expense of the survivor's wellbeing. Reforms that prioritize protecting survivors from unnecessary re-traumatization and harm must become embedded in our systems. The justice system continues to fall short on identifying and eradicating myth and stereotypes. It struggles to understand complicated social interactions, such as victim responses to unpredictable, threatening situations, such as that described by E.M. These and other problems continue to act as significant barriers to justice in cases of sexual assault.
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I am hopeful that the verdict today is not the end, and I know that E.M. very much wants some good to come from this case. So to those other brave souls who are willing to do whatever it takes to pursue justice, we hope you do not give up in a country where only six per cent of sexual assaults are reported to the police, courageous people like you are important. Without you, there is no criminal accountability at all. But the justice system must do better for you. Change is also necessary outside the justice system.
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To those in institutional leadership rules, this case should be a wake up call that more is needed from you to prevent sexual violence. The impact you can have on this issue cannot be understated. But for today, despite the verdict, we can marvel at E.M.'s courage and be grateful for her willingness to endure this process for all the right reasons. We are all proud of EM because she shed light on issues that need our attention. She is fostered a nationwide conversation about sexual violence and entitlement culture, bystander responsibility, valid consent, coercion, and responses to threatening unpredictable situations. We look to this case as a turning point to do more to prevent sexual violence, and to make reforms, to afford survivors, better treatment by the justice systems.
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I stand with E.M., and we stand resolute that together, we can and must demand better. Thank you.
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Meaghan Cunningham, assistant Crown attorney
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Good afternoon, everyone. A successful prosecution is not measured solely by whether there are guilty verdicts at the end. The Crown's goal throughout this proceeding has been to see a fair trial, a trial that is fair to the men charged, and one that is also fair to EM. A fair trial is one where decisions are made based on the evidence and the law, not on stereotypes and assumptions, and where the trial process respects the security, equality, and privacy rights of the victim, as well as the accused persons.
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We want to thank EM for coming forward and for her strength in participating in this process. We have received dozens of messages from people across Canada and abroad asking us to pass along these messages of thanks and support for EM, and we've done so. We will carefully review Justice Carrocia's decision, and as this case is still within the appeal period, we have no further comments to make about the decision at this time. Thank you very much for your time.
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Thai Truong, Chief of London Police Services
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The London Police Service acknowledges the verdict delivered today by Ontario Superior Court Justice Maria Carroccia in the sexual assault trial involving five former members of Canada's 2018 National Junior Hockey Team.
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As a police service, our role in the justice system is subject to the legal standard of reasonable grounds to believe that a criminal offence has been committed. This is the standard upon which arrests and charges are laid in Canada – not the higher threshold of reasonable prospect of conviction, and not the standard that guilt be proven beyond a reasonable doubt as applied by the courts.
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I commend the outstanding courage and strength shown by E.M. in coming forward and enduring this prolonged and difficult judicial process. We remain committed to ensuring that survivors of sexual violence feel supported and safe when interacting with the London Police Service, recognizing the distinct impact trauma can have.
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It is recognized that incidents of sexual violence continue to be underreported, often because survivors may fear or experience additional trauma within the justice process itself. This includes fear of judgement within their communities and beyond. As Chief, I am determined to ensure that our service consistently delivers victim-centered, trauma-informed responses, emphasizing sensitivity, compassion, and public safety.
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This investigation has generated important conversations at both national and international levels about sexual violence, accountability, and systemic issues within institutions, including sport. We see this as an opportunity to reflect, learn, and enhance our approach to investigating sexual violence, strengthening our training, and deepening partnerships with community organizations. Trust in our police service is fundamental and remains a priority for me as Chief.