Justice begins delivering decisions in Hockey Canada sexual assault trial

CBC

5 days ago

Judge to deliver decisions in Hockey Canada sexual assault trial
Started 1 hour ago
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Justice Maria Carroccia is expected to deliver her decisions in the world junior hockey sexual assault trial — a case that dates back to 2018 and played out over eight weeks in London, Ont., court. Five ex-players are charged with sexually assaulting a woman, known as E.M. due to a standard publication ban, in a hotel room. (WARNING: This livestream references sexual assault and may affect those who have experienced sexual violence or know someone impacted by it.)
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Ontario Superior Court Justice Maria Carroccia is delivering her decisions in the London sexual assault trial of five former players with Canada's 2018 world junior hockey team.
The accused — Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote — all pleaded not guilty.
The complainant, E.M., whose identity is protected under a standard publication ban, testified over nine days during the trial
WARNING: Court proceedings include details of alleged sexual assault and might affect those who have experienced​ ​​​sexual violence or know someone affected.
Updates
July 24
9 minutes ago
Court is delayed
Kate Dubinski
There is so much interest in this case that the court has had to postpone starting at 10 a.m. It's now trying to get a second overflow room set up for people who showed up to listen to Carroccia's decisions.
The main courtroom has about 50 spectators inside. (I assume family members of the accused men, because that's who was let in first). Of those 50, about 15 are members of the media.
Many media members were not able to get a seat, which is why the court is trying to set up a second overflow room. There are already about 150 people in the first overflow room, which is at capacity.
29 minutes ago Kate Dubinski
The accused men and their families, along with their lawyers, are now making their way into the courtroom. They were given green cue cards to show the court staff to enter the courtroom first.
Each man has come with family members that were present throughout the trial, plus others.
Outside the courtroom on the 14th floor, there's a packed lineup of media as well as some members of the public who are hoping to get in. Media will be let in after family, and then the public.
At least two of the men, Hart and Dubé, shook hands with a man who has been here every day of the trial. The man has an assistance dog with him and is a men's rights advocate. He was accused of recording some of the proceedings with his Apple Ray Ban glasses, but an investigation cleared him.
1 hour ago Karen Pauls
There has also been much discussion and debate about two consent videos McLeod recorded towards the end of the night in question in June 2018. In the videos, McLeod asks E.M. if she is OK with what is happening or consented to the acts that had already happened in the hotel room.
University of Manitoba law professor Brandon Trask said 'consent videos after the fact are almost useless' under the law as it stands. Canada has affirmative consent laws, meaning consent must be active and ongoing throughout each specific sexual act as it's taking place. It cannot be granted ahead of time or retroactively.
'The video afterwards is, generally speaking, not going to be given much, if any, weight, in large part because there are all sorts of questions about, 'Were there factors involved? Was there undue pressure being placed [on her]? Things that weren't caught on video?' Trask said.
1 hour ago Karen Pauls
Daphne Gilbert, a professor of criminal, constitutional and advanced sexual assault law at the University of Ottawa, says it's possible the judge will find E.M. did not consent, but that some or all of the five accused had an honest mistaken belief that she did.
In that defence, the accused must have taken reasonable steps to confirm the complainant's consent, something the Crown argues the players did not do.
'The Supreme Court of Canada has been very clear that the reasonable steps requirement will change depending on the context of the sexual activity,' said Gilbert, who is covering this case in four lectures this coming fall.
She said strangers, for example, need to take extra steps to confirm consent. The same goes for situations where intoxication is a factor. Gilbert is hoping Carroccia's decision clarifies what constitutes a 'reasonable step' in situations like E.M.'s, which involved both strangers and alcohol.
'That's the main legal question that I'm looking for,' Gilbert said.
The professor said she hopes the judge uses 'strong language' to condemn what happened in that hotel room that night, even if she finds it did not meet the very high legal bar of guilt beyond a reasonable doubt.
1 hour ago
Consent was at the centre of the Crown's case
Rhianna Schmunk
During the trial, the Crown argued E.M. did not voluntarily consent to any of the specific sexual activity in question. Prosecutors acknowledged E.M. might have been compliant, or even appearing eager to engage in sexual activity, but told the court E.M. — who was naked, drunk and in a room full of men she did not know — was responding that way because she was afraid. They argued the men should have known the balance of power was in their favour.
Defence lawyers said it was E.M. who demanded the group sex and that she only made up the sexual assault allegations after the fact to save face with her boyfriend, friends and family. They contended their clients could not have known she didn't consent because she was participating enthusiastically, with multiple players telling the court she went so far as to mock them if they did not take her up on her offer.
In the case, the Crown has the burden to meet the high legal bar of proving their case beyond a reasonable doubt.
1 hour ago Karen Pauls
A court staff member just came out of the main courtroom to ask if any family or friends are waiting to get in. They have green passes and will get priority access to limited space. No one came forward.
The lobby outside the courtroom is packed and we've heard the overflow courtroom is also filling up.
The courtroom doors won't officially open till 9:45 a.m. ET.
1 hour ago Katie Nicholson
The area outside the main courtroom is packed with journalists and members of the public waiting to get inside.
They will first have to make space for friends and family of the accused. There is also an overflow courtroom that will likely be very busy.
I talked to one father who says he is here because he has daughters and they have been talking a lot about the trial and issue of consent. He said he really wants to see for himself how this trial ends and the reasoning behind the decisions.
1 hour ago Kate Dubinski
Close to 100 supporters of E.M. are outside the courthouse holding signs and chanting. They are from sexual assault support centres around Ontario, including Toronto, Ottawa, Hamilton, Midland, Guelph and North Bay.
The chanting gets louder as the accused men and their lawyers make their way into court.
There are also two men here shouting their support for the accused.
As Formenton made his way into the courthouse, one of the men shouted: 'Stay strong.'
The men are also yelling 'not guilty' over the shouts of supporters, who are saying that they want justice.
2 hours ago
There's intense interest in today's decision
Kate Dubinski
I'm at the courthouse today in London, Ont., and I'll be reporting from the courtroom.
There are a lot of media here this morning, as well as interested members of the public. In fact, the lineup to get into the courthouse started just after 6 a.m. ET. The courthouse doesn't even open until 8:30 a.m.
When it does open, every person waiting will have to clear security, which includes a bag X-ray and metal detector.
There are also dozens of supporters of E.M. here from sexual assault centres across Ontario. They are shouting: 'What do we want? Justice. When do we want it? Now.'