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Hockey Canada trial: Judge does not find accuser's evidence ‘either credible or reliable'
Hockey Canada trial: Judge does not find accuser's evidence ‘either credible or reliable'

The Guardian

time4 days ago

  • Sport
  • The Guardian

Hockey Canada trial: Judge does not find accuser's evidence ‘either credible or reliable'

A Canadian judge has found that prosecutors failed to prove five professional hockey players committed sexual assault, ruling the complainant's evidence was neither 'credible or reliable'. Superior Court justice Maria Carroccia delivered her decision Thursday in a packed Ontario courtroom, telling those present: 'Having found that I cannot rely upon the evidence of [the complainant] and then considering the evidence in this trial as a whole, I conclude that the Crown cannot meet its onus as on any of the counts before me.' Carroccia has yet to hand down an official verdict. The ruling will mark the end of a high-profile case that has drawn national attention and rocked Canadian hockey. The players – Michael McLeod, Dillon Dubé, Carter Hart, Cal Foote and Alex Formenton – were charged in early 2024 in connection with an alleged group assault of a 20-year-old woman in a London, Ontario, hotel room in 2018. McLeod faced an additional charge of being a party to the offense. None of the five are currently signed to NHL contracts. The woman, testifying via video from another room in the courthouse, alleged she was intoxicated, naked and frightened when multiple men entered the hotel room and engaged in sexual activity with her without ensuring she was consenting. Prosecutors argued the players did 'what they wanted' and failed to seek clear, voluntary consent. Defense lawyers cross-examined the complainant for several days, suggesting she was a willing participant and had wanted a 'wild night'. She testified she had no memory of making such statements and insisted the men should have seen she was not in her right mind. Justice Carroccia's decision came after she dismissed the jury midway through the trial in June, following a complaint that defense attorneys were allegedly laughing at jurors. Though the accused lawyers denied the claim and Carroccia said she did not witness concerning behavior herself, she ruled the jury's perception of bias rendered them unable to remain impartial. The alleged incident occurred during a 2018 Hockey Canada gala celebrating that year's world junior championship team. A police investigation was initially closed in 2019 with no charges filed. Hockey Canada launched its own probe but halted it in 2020 after the woman declined to participate. In 2022, a settlement between Hockey Canada and the woman sparked public backlash, prompting renewed interest in the case. Police reopened the investigation and laid charges in 2024 after what they described as new evidence came to light. Protesters gathered outside the packed courthouse on Thursday morning, holding signs that signaled support for the complainant. This is a developing story. More to follow.

Judge's decisions in Hockey Canada sexual assault trial are Thursday. Here's what could happen
Judge's decisions in Hockey Canada sexual assault trial are Thursday. Here's what could happen

CBC

time6 days ago

  • Sport
  • CBC

Judge's decisions in Hockey Canada sexual assault trial are Thursday. Here's what could happen

Social Sharing WARNING: This article references sexual assault and may affect those who have experienced​ ​​​sexual violence or know someone impacted by it. On Thursday, Justice Maria Carroccia will deliver her decisions in the world junior hockey sexual assault trial — a case that dates back to 2018 and has manoeuvred numerous curves as it played out over eight weeks in a London, Ont., court. Five former players are charged with sexually assaulting a woman, known as E.M. due to a standard publication ban, in a hotel room in June 2018 while the team was in the southwestern Ontario city to celebrate their world championship win months earlier. Cal Foote, Dillon Dubé, Alex Formenton, Carter Hart and Michael McLeod have all pleaded not guilty. McLeod faces an additional charge of being party to an offence for his alleged role in facilitating the assaults. The sexual assault charges carry a maximum sentence of 10 years. The trial, which began in Superior Court in early April and wrapped with closing arguments in mid-June, was roiled by procedural drama. A mistrial was declared within the first week, and a new jury had to be selected after a defence lawyer and a juror had a brief interaction over the lunch hour. A second jury was discharged after a juror sent a note accusing one of the defence teams of making fun of the jury. Carroccia and the lawyers then opted to move forward with a judge-alone trial. There were numerous arguments and trials within the trial about evidence, witnesses testifying to not remembering certain things under questioning, a long and tense cross-examination of E.M., as well as protests outside the court by people supporting E.M., and others backing the players. At the outset, the Crown emphasized that what is and isn't consent would be key in the trial. Leading up to Thursday's rulings, CBC spoke to Toronto-based lawyers Andrew Furgiuele and Gillian Hnatiw, who are not associated with the trial, to get insight and their views on possible outcomes. What if all the players are found not guilty? "They're done. They are free to go and subject to any potential Crown appeal," said Furgiuele, a criminal defence lawyer. "Their time as accused people would be over and they would be moving on with their lives. "That would be the end of the case and the end of the road for the prosecution in terms of trying to get a conviction against them. They'd be free." What if they are all found guilty? "Then the judge will have to decide whether they will continue to be released on bail or whether they'll be held pending sentencing," said Hnatiw, a civil litigator who frequently handles sexual assault cases. "I expect that they would be released and that a date for sentencing would be set." What if some of the accused are found guilty, some are not? "The people who are found not guilty move on," Furgiuele said. "For the individuals who would be found guilty on that hypothetical, they would move towards sentencing. And then after the sentencing is done, if they wish to appeal their conviction, that would happen after that." Then there is McLeod, the only former player facing an extra charge, of being party to the offence. "I think that it would be possible for him to be party to someone else's offence," said Hnatiw. "And so he could, in theory, be acquitted of sexual assault, but be found party to someone else's offence." If there are any guilty findings, how would sentencing proceed? "There are guidelines that sentences are supposed to be pronounced, generally speaking, within six to nine months," said Furgiuele. "Realistically, by the time both sides, both the Crown and the defence, got all the sentencing materials that they would want to get together and time was made for a sentencing hearing, you'd be looking at a few months." Typically, before sentencing, judges will consider the background of each individual and their psychological states, said Hnatiw. They would also consider whether it was a first offence and whether the individual expressed remorse at the sentencing hearing. What if the Crown appeals? If the Crown doesn't like any of Carroccia's decisions, it has 30 days to file a notice of appeal, which would set out legal flaws in her reasoning. "The reasons are her roadmap, her legal roadmap as to how she made her decision. And those reasons are ultimately what would need to be scrutinized before either the Crown or the defence could assess whether they had much of a chance on appeal at all," said Hnatiw. "After that, it will go quiet for some time because they will be ordering and preparing the transcripts of all the evidence from the trial." WATCH | What we heard during June closing submissions at Hockey Canada sex assault trial: Closing arguments wrap at hockey sexual assault trial 1 month ago Hnatiw said there typically might not be any new evidence brought before a Court of Appeal. "They're really just scrutinizing what was before the trial judge and listening to arguments from lawyers about whether she got something wrong. You can obviously bring an application for fresh evidence, but that's a rabbit hole." However, Carroccia did rule to exclude some evidence from the trial: a text exchange between two witnesses described Dubé slapping E.M.'s buttocks, which the Crown fought to use. "If the Crown was to appeal any of these rulings and say that if we'd have been permitted to introduce this evidence, then the verdict may have been different, then they would be able to bring that before the Court of Appeal as part of the paper record," said Hnatiw. "It's very, very difficult for the Crown on appeal to get a conviction entered," said Furgiuele. He said the Crown would have to prove a significant error in the judge's legal reasoning and that the reasoning led to the acquittal. "Those would be the hurdles they would have to go over to convince the Appeal Court to overturn the acquittal and order a new trial." Hockey Canada sexual assault trial recap 1 month ago The sexual assault trial of five former world junior hockey players stretched across three months in London, Ont., before finally coming to a close with the last witness. CBC's Katie Nicholson breaks down some of the key moments and testimony. What if the players appeal? Like the Crown, the defence teams have 30 days to file a notice of appeal. "After sentencing is done, they would then go to file a notice at the Court of Appeal to signal their intention to appeal," Furgiuele said. "Accused people who are found guilty and then appeal, they have slightly broader rights of appeal. They can appeal questions of fact, so they can appeal that there's been a misapprehension of a fact, as well as all of the legal errors, or errors in a legal analysis." The statistics, generally speaking, are not good for individuals who appeal, said Furgiuele If you're in immediate danger or fear for your safety or that of others around you, please call 911. For support in your area, you can look for crisis lines and local services via the Ending Sexual Violence Association of Canada database. ​​

Who is Dillon Dubé? Former Flames star now facing sexual assault charges in Hockey Canada scandal
Who is Dillon Dubé? Former Flames star now facing sexual assault charges in Hockey Canada scandal

Time of India

time12-07-2025

  • Sport
  • Time of India

Who is Dillon Dubé? Former Flames star now facing sexual assault charges in Hockey Canada scandal

Dillon Dubé, once a rising star in Canadian hockey, is now at the center of one of the most disturbing scandals the sport has seen in years. The 26-year-old forward, formerly with the Calgary Flames, is one of several NHL players charged in connection with the 2018 Hockey Canada sexual assault investigation — a case that has sent shockwaves through both the league and the public. Tired of too many ads? go ad free now From promising NHL talent to international shame Dubé, born July 20, 1998, in Golden, British Columbia, was once viewed as a promising young forward with strong leadership qualities. He captained Team Canada to gold at the 2018 World Junior Championships and was drafted 56th overall by the Calgary Flames in 2016. After breaking into the NHL in 2018, he became a regular in the Flames' lineup and signed a three-year, $6.9 million extension in 2021. But his career took a dramatic turn in early 2024. On January 21, 2024, the Flames announced that Dubé was taking an indefinite leave to address mental health issues. Just days later, the shocking news broke: 'Representative for Calgary's Dillon Dubé confirm to The Athletic he's been charged with sexual assault by London Police,' tweeted Ian Mendes on January 30. Criminal charges and fallout from the team The London Police Service formally charged Dubé on February 5, 2024, for an alleged sexual assault that occurred in 2018 in London, Ontario. The Calgary Flames immediately issued a statement distancing themselves, noting they 'had no knowledge of pending charges at the time Dillon's request for a leave of absence was granted.' By the end of the 2023–24 season, the Flames declined to extend a qualifying offer, making Dubé an unrestricted free agent. On July 1, 2024, he signed a one-year deal with HC Dinamo Minsk in the KHL — a clear sign of his exile from the NHL amid the legal proceedings. Tired of too many ads? go ad free now Also Read: What was once a narrative of potential and leadership has been deeply tainted by serious criminal allegations. While Dubé awaits trial, his name has become inextricably linked to the broader Hockey Canada scandal — a national reckoning over consent, accountability, and the culture of silence in elite sports.

Defence teams for 5 ex-Hockey Canada world junior players continue closing arguments at sexual assault trial
Defence teams for 5 ex-Hockey Canada world junior players continue closing arguments at sexual assault trial

CBC

time10-06-2025

  • CBC

Defence teams for 5 ex-Hockey Canada world junior players continue closing arguments at sexual assault trial

The sexual assault trial that began in late April for five former Hockey Canada world junior players continues today in Ontario Superior Court in London. Defence lawyers for the accused men are making closing arguments. Yesterday, counsel for Michael McLeod and Carter Hart questioned the credibility of testimony from the complainant, E.M., and suggested there's no evidence she was coerced into sexual acts. The Crown will have a chance to respond to defence submissions during its own closing arguments. All five accused men — McLeod, Hart, Dillon Dubé, Alex Formenton and Cal Foote — have pleaded not guilty to alleged sexual assaults at a hotel in June 2018. WARNING: Court proceedings include graphic details of alleged sexual assault and might affect those who have experienced​ ​​​sexual violence or know someone who's been affected.

Defence targets E.M.'s credibility, judge questions 'consent videos' shown at world juniors sex assault trial

time09-06-2025

  • Sport

Defence targets E.M.'s credibility, judge questions 'consent videos' shown at world juniors sex assault trial

Headlines Latest News Podcasts (new window) Composite image shows five former NHL players accused of sexually assaulting a woman at a London, Ont., hotel in 2018 when they were on Canada's 2018 world junior hockey team. Each is shown entering the courthouse Monday: Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart and Michael McLeod, left to right. (Carlos Osorio/Reuters) Photo: (Nicole Osborne/CP, Nicole Osborne/CP, Nicole Osborne/CP, Brett Gundlock/Reuters, Nicole Osborne/CP) Defence teams have begun closing arguments at London, Ont., trial. The sexual assault trial that began in late April for five former Hockey Canada world junior players continues today in Ontario Superior Court. Each of the five defence teams and the Crown will have a chance to present their closing arguments. Defence lawyer David Humphrey is targeting the complainant E.M.'s reliability as a witness. He argued E.M. 'chose to abandon restraint' and has refused to take any personal responsibility for her own actions on the night of June 18-19, 2018. Four of the five accused men — Michael McLeod, Dillon Dubé, Alex Formenton and Cal Foote — chose not to testify in their own defence. Carter Hart testified earlier in the trial. All five men have pleaded not guilty to the alleged assaults in a London hotel room. McLeod has also pleaded not guilty to being a party to the offence. WARNING: Court proceedings include graphic details of alleged sexual assault and might affect those who have experienced​ ​​​sexual violence or know someone who's been affected. Lucas Powers (new window) Throughout the weeks-long trial, demonstrators have regularly appeared outside the London courthouse as the defendants, lawyers and observers arrive for proceedings. Many voice support for the complainant, carrying signs with messages like, I believe you E.M. and We believe survivors. But they've also been confronted by some people who say the lives and reputations of five men have been irrevocably damaged by allegations of sexual assault. The polarization on the courthouse steps echoes a broader debate on social media and in discussions across Canada as this high-profile trial plays out under tremendous public scrutiny. My colleague, Karen Paul, took a closer look into how the trial has become a flashpoint for both the #MeToo and #HimToo movements, and what research indicates. You can read her feature reporting here (new window) . 'Scared young men' in group chat Kate Dubinski (new window) The Crown has taken the position that the group chats between the then world junior hockey teammates, on June 16, 2018, were a sort of collusion to advance a false narrative, Humphrey reminds the court. But he argues the players told each other they need to tell the same story not because they were trying to make up lies, but because they were typing these messages as scared young men, not thinking that their every word is going to be interpreted in a court of law and may be held against them. The men are living the hockey players' dream … heading to the NHL, and were trying to figure out what was going on with the Hockey Canada investigation. The men were simply trying to figure out what was going on and wanted to tell the truth, Humphrey maintains. One proof of that is McLeod told the men in the group chat that he'd had sex with E.M. before everyone else showed up. He wants people to tell the story truthfully, Humphrey says. As of Monday, citizens of 12 countries can't enter the United States. Government to focus on reducing non-permanent residents in Montreal, Laval. Israel's Foreign Ministry called charity boat 'selfie yacht' of 'celebrities'. PM to announce purchase of more drones, armoured vehicles, aircraft and underwater sensors. Doctors urge vaccination following death of Ontario infant infected with measles in the womb.

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