Hockey Canada live updates: Judge says complainant appeared sober on night of alleged assault

Globe and Mail

24-07-2025

– David Ebner
While the court is on a 15-minute recess, I return to an early statement by Justice Carroccia as she began the morning. This is a heavy case for everyone involved, but the judge suggested there are not necessarily wider legal implications that flow from the evidence or her ruling: 'Much has been made in this case about the concept of consent,' the judge said. 'This case on its facts does not raise issues of the reformulation of the legal concept of consent. In this case I have found actual consent not vitiated by fear.'
Consent in law is governed by Section 273 of the Criminal Code, which states that consent 'must be present at the time the sexual activity in question takes place.'
-Robyn Doolittle
Before the morning break, we were about an hour and 20 minutes into the verdict. So far, it has mostly been a straight rehashing of the facts that came out in court, which is typical. We have not yet heard any of the judge's analysis of these facts.
– Robyn Doolittle
Court is now breaking for morning recess. Justice Carroccia said she is halfway through her verdict.
As the judge leaves the room for the morning break, the players' family stand up and hug each other. The players are also embracing their lawyers and families. Many people are crying.
- Robyn Doolittle
Justice Carroccia has moved on to discuss evidence given during testimony from some other members of the 2018 world junior team, who spent time in room 209, but are not accused of any wrongdoing.
She then mentioned the players' group chat, which was created after members of the 2018 world junior team realized Hockey Canada was investigating the alleged sexual assault. They understood at the time it was a Code of Conduct violation.
Justice Carroccia told the court that any comments made by players in the chat who didn't testify at the trial, would be considered hearsay evidence (meaning it won't be considered).
– David Ebner
Justice Carroccia spent about six minutes detailing evidence on the two consent videos, which were shot around 3:30 a.m. and 4:20 a.m. The judge didn't discuss the legal merits of the videos but did say that the complainant spoke 'clearly and coherently' in the second video.
Experts have said such videos, especially the second one, don't carry legal weight, because the law says consent must be voluntary, continuous, and given for each sex act. During closing arguments, the Crown had called the videos 'token lip service box-checking.'
– Robyn Doolittle
Justice Carroccia is now discussing the text exchange between E.M. and Mr. McLeod after the alleged assault, in which the player pressed E.M. to make the police investigation 'go away.'
'You said you were having fun,' Mr. McLeod wrote.
'I was really drunk, didn't feel good about it at all after. But I'm not trying to get anyone in trouble,' E.M. replied.
'I was okay with going home with you, it was everyone else afterwards that I wasn't expecting,' she wrote. 'I just felt like I was being made fun of and taken advantage of.'
– Robyn Doolittle
Justice Carroccia is now recapping what was said in the consent videos recorded by Michael McLeod.
The first is six seconds long and shows E.M. from the neck up. Mr. McLeod says: 'You're okay with this?' E.M. replies: 'I'm okay with this.'
The second clip is 12 seconds long. In this video, E.M. is covering herself with a towel. 'Are you recording me?' she asks. 'Ok, good. It was all consensual. You are so paranoid, holy. I enjoyed it, it was fine. It was all consensual. I am so sober, that's why I can't do this right now.'
E.M. alleged in court that although she said it was all consensual 'that is not in fact how she felt at the time.'
The judge says in these videos, E.M. shows no sign of intoxication. She is speaking clearly and is not slurring.
– Mariya Postelnyak
A spokesperson for Avangard Omsk, the KHL team based in Omsk, Russia, for which Michael McLeod played last season, said in a statement ahead of the judge's decision that the club has been closely monitoring the situation 'from day one' and remains in constant contact with his representatives.
'It's no secret that, should the court issue a favorable ruling, Avangard would be interested in having Michael continue playing for the [Avangard] hawks,' said Tatiana Kozlova, adding that he's a highly skilled player who has gained a fanbase in Omsk. 'Like everyone else, we await the verdict – let it be fair to all parties involved.'
– Robyn Doolittle
Justice Carroccia is still going through the events in the hotel room, including allegations from E.M. that she had been crying either because the men were making fun of her or because of comments the men were making. The judge highlights that during cross-examination by David Humphrey (Michael McLeod's lawyer), E.M. acknowledged that Mr. McLeod had asked her if she was okay with things and that she replied that she was. (This exchange was captured on video.) E.M. told the court in response to this admission: 'What else was I supposed to say at that point?'
– Robyn Doolittle
Justice Carroccia notes that E.M. agreed with a suggestion by defence lawyer Megan Savard (who is representing Carter Hart) that she had very little memory of what she said inside the hotel room. E.M. said it did not feel like she had a choice but to go along with the sexual acts, however, the judge notes that E.M. said it was possible she adopted 'the persona of a porn star' because she believed that is what the men wanted.
– Robyn Doolittle
Justice Carroccia is continuing to recap the events in the hotel room and the testimony heard during the trial.
She highlights that E.M. acknowledged it was possible she was being 'flirty' with the players in the hotel room. E.M. told the court that had she been thinking clearly – and not drunk – she could have left. E.M. said she was acting on 'auto-pilot.'
Justice Carroccia mentions E.M.'s statement that once the players entered the room, it felt like her mind and body separated.
– Robyn Doolittle
Justice Carroccia says: 'I do not find the evidence of E.M. to be either credible or reliable.' She finds that consent was not vitiated by fear. As the judge says these words, members of the accused players' families have broken down in tears.
She says that 'with respect to the charges before this court, having found that I cannot rely upon the evidence of E.M.… I conclude that the Crown cannot meet its onus on any of the counts before me.'
– Robyn Doolittle
Justice Carroccia begins her decision with a recap of the night in question, starting with the Hockey Canada gala and then Jack's bar, where the complainant met the players. The judge notes that E.M. and Michael McLeod returned to his hotel, where they had consensual sex. Afterwards, E.M. has alleged that other members of the team entered the room and this is where she said she was sexually assaulted. The judge said that: 'E.M. felt she did not have a choice about whether to engage in the sexual activity, out of fear, intoxication or both.'
– Robyn Doolittle
Justice Maria Carroccia has entered the courtroom. She is starting to read her verdict. She said she will make a written copy available after.
– Robyn Doolittle
The proceedings have not yet begun. Staff appear to still be trying to figure out what to do with the very large number of spectators at the courthouse.
Although it's a large courtroom, there actually aren't that many seats. About 50 people are in the room, and the majority of it is taken up by five tables designated for the defence teams and accused players.
The players' families are sitting in two long rows behind the defence teams. Media and some spectators are dispersed between five short rows on the far side of the courtroom.
– Colin Freeze
The packed courtroom is buzzing with anticipation.
By 9:45 a.m. a first-floor overflow room with 150 seats had completely filled up.
At 9:50 a.m., a court services officer told the crowd that an additional room was being opened up on the 11th Floor to accommodate the overflow from the overflow.
The overflow rooms will allow the public and some media members to watch what is happening in the 14th floor courtroom via video.
– Robyn Doolittle
Members of the media – many of us lined up outside around 6:15 a.m. – have just been let into the courtroom, which is packed. Dozens more reporters and spectators are waiting in line, hoping to get inside. Family members of the accused players were allowed in first as well as lawyers and some police officers. There is some discussion about opening up the jury box for more seating.
– Globe Staff
The complainant in the case is a woman publicly identified only as E.M., who was 20 years old at the time of the alleged assault. Her name is subject to a mandatory publication ban that applies to complainants in sexual assault cases.
From 2022: Woman at centre of Hockey Canada scandal breaks silence
– Globe staff
The five former members of the 2018 Canadian world junior hockey team charged with sexual assault are Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote. Mr. McLeod also faces a second charge of being a party to sexual assault. The men have each pleaded not guilty. All five have denied wrongdoing, staged vigorous defences, and taken leaves from their teams.
Four of the five players had been playing in the NHL prior to their arrests in 2024. Mr. Dubé was a member of the Calgary Flames, Mr. Hart was with the Philadelphia Flyers, and Mr. McLeod and Mr. Foote were playing for the New Jersey Devils. Mr. Formenton was playing for the Swiss club HC Ambri-Piotta at the time, but he had previously been a member of the Ottawa Senators.
Who are the 2018 world junior players charged with sexual assault?
– Sophia Coppolino
Before the court house opens, dozens of protesters held signs 'We believe E.M' and 'No more boys will be boys excuses.'
Dillon Dubé is the first defendant to arrive at the courthouse with his lawyers. Protesters yelled 'loser' as he passed, while two others countered with 'not guilty.'
– Robyn Doolittle
This was the scene at the London Superior courthouse Thursday morning. Reporters and court watchers started lining up at 6:15 a.m. Justice Maria Carroccia is expected to begin delivering her verdict at 10 a.m.
– Robyn Doolittle
Good morning everyone. I'm Robyn Doolittle, a reporter with The Globe who focuses on investigations and law. I've been covering the Hockey Canada scandal since it first broke, and I've been covering the trial in London, Ont. I'm back at the courthouse this morning, awaiting Justice Carroccia's verdict.
– Claire McFarlane
Hi! I'm Claire McFarlane and I'm a general assignment reporter. I'm in Toronto today, speaking with advocates and people who support survivors of sexual violence about the verdict.
– Colin Freeze
I'm Colin Freeze and I cover crime, courts and security issues. I'm in the London courthouse today to cover the verdict.
– David Ebner
Hi I'm David Ebner and I cover the justice beat. I report on the Supreme Court of Canada and a wide range of legal cases/issues.
I'm based in Vancouver and on Thursday morning, watching the verdict online, I'm looking at the legal question of consent and the 'consent videos' that were argued over at trial – listening for how Justice Maria Carroccia weighed and assessed these key elements of the case.
– Sophia Coppolino
Hi, I'm Sophia, and I'm a Globe reporter covering crime this summer. I'm outside the courthouse in London, keeping an eye on the crowds, including protests organized by supporters of sexual assault survivors, as the verdict is delivered today.
- Simon Houpt
Hi, I'm Simon Houpt and I've helped to cover the Hockey Canada file since it broke three years ago. I'm in Toronto, and I'm working the phones today with my sports colleague Marty Klinkenberg to gauge the reaction to the verdict by the NHL and the broader hockey world.
- Sean Fine
Today's verdict could break new ground on the question of what constitutes voluntary consent, in cases of an apparent power imbalance – in this instance, multiple men in a hotel room with an intoxicated woman most of them had never met.
The trial has given a rare national profile to how the criminal-justice system addresses sexual assault. Front and centre is the issue of consent, and the 'honest but mistaken belief' defence that has been diminishing over the past several years.
In Canadian law, consent is not just the absence of a 'no,' but requires an affirmation – a yes, in words or conduct. But what about when there is a yes, in circumstances in which an individual might not see a way out?
Justice Maria Carroccia must decide whether E.M. was just 'going along to get along,' said Toronto lawyer David Butt, who was not involved in the case. And if so, did she induce an honest belief in the men, even if a mistaken one, that she was consenting?
Read more about what the verdict could mean for consent law in Canada.
– David Ebner
Justice Maria Carroccia grew up in Windsor, Ont., born to Italian immigrants and the oldest of four children. Her father, Angelo, came to Canada in 1954 and worked as a construction crane operator. Her mother, Assunta, was a homemaker.
Her parents, who didn't finish grade school, encouraged her education and she graduated in 1987 from the University of Windsor law school. Justice Carroccia worked for decades as a criminal-defence lawyer in Windsor before she was appointed as a judge to the Ontario Superior Court of Justice in 2020. In her five years as a judge, Justice Carroccia has overseen high-profile and complex cases, from murders to sexual assault trials. She is married, and has two daughters.
Justice Carroccia's work during the Hockey Canada trial focused on the nuances of sexual-assault law and what constitutes consent. Today, many people in the legal profession and across Canada will be listening to her every word.
Read more about the judge deciding the case here.
- Globe staff
Five former members of Canada's 2018 world junior hockey team are awaiting the verdict in their sexual assault trial today. All of the men have pleaded not guilty and mounted vigorous defences in court.
The case has spanned more than seven years, from two police investigations, a civil settlement, parliamentary hearings and independent probes by Hockey Canada and the NHL, to a tumultuous and intense weeks-long trial this spring plagued early on by disruptions.
As you await the verdict, follow our guide to catch up on the case that has put Canada's legal system – and the country's beloved game – under the microscope.
What to know about the Hockey Canada trial ahead of the verdict.
- Globe staff
Justice Maria Carroccia is scheduled to deliver her verdict after 10 a.m. ET in the same courtroom in London, Ont., where she heard the case. This date was set in mid-June.