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The Guardian
13 hours ago
- Sport
- The Guardian
Canada's hockey case exposed a toxic culture – yet the accuser ended up on trial
The stunning conclusion to a pivotal sexual assault trial has left some observers in Canada shocked but unsurprised – not only by a judge who seemed to scrutinize the female accuser more harshly than the five ice hockey players who ultimately walked free, but by yet another missed opportunity for a reckoning in the macho culture of a major professional sport. The blockbuster case seemed to crystallize any number of hot-button topics – the #MeToo movement, the nature of consent, the role of pornography, the impunity of men – in the most Canadian way possible: through hockey. The trial, which occurred over several weeks in May, saw five members of Canada's lionized World Juniors team – Michael McLeod, Alex Formenton, Dillon Dubé, Carter Hart and Cal Foote – charged with sexual assault after an incident in a hotel room in London, Ontario, seven years ago. The complainant, identified as 'EM', who was 20 at the time, alleged that she left a bar with McLeod and had consensual sex with him – but had no idea he then texted other players asking them to join in a 'three-way'. In court, EM testified that she was drunk and intimidated by multiple large men entering the room, which she estimated at times to be as many as 11, some of whom were just there to eat and socialize. EM also said that although she engaged in group sex acts with some of them, they were as part of a 'porn star' persona she adopted in order to placate the men in what she felt was a dangerous situation – and did not actually consent to any of the activity. The men, for their part, have claimed EM was sexually aggressive, begged them for sex and actively consented to all of it. McLeod also recorded two videos of EM after the group encounter had finished, in which she said she had consented to sexual activity. EM testified that while she didn't remember the videos being filmed, she recalled McLeod 'hounding' her to say she consented. In fact, EM testified over nine grueling days, seven of them under by cross-examination by five separate teams of lawyers, one for each accused. Only one of the men testified. So when Justice Maria Carroccia told a packed London courtroom last Thursday that she found the complainant to not be 'credible nor reliable', it elicited gasps. As an example of these 'issues related to credibility', the judge said it was 'telling' that EM testified she weighed 120 pounds – despite records showing she was 138lb. EM had explained she was just sticking to what she had estimated previously. The judge interpreted it as mendacity. 'The complainant, rather than answering the question truthfully, chose to repeat what she had said previously,' she said. Carroccia also questioned how drunk EM could have been, as videos did not show 'any obvious signs of impairment, such as stumbling' and suggested she 'initiated touching' with McLeod at the bar despite having initially said she did not. In the end, the judge determined that EM fully consented, and was essentially lying in court – a callous take that appeared to scrutinize the female complainant's claims far more harshly than the five men, according to Daphne Gilbert, a criminal law professor at the University of Ottawa. 'I was extremely disappointed in the decision, and to me, it's the worst possible outcome for [the woman] and efforts to tackle sexual violence generally,' Gilbert said, noting the judge's conclusion seemed an extreme one to reach based on EM's testimony, and appeared to indicate that she considered the complainant to be on trial, rather than the men. 'She didn't believe the complainant and only focused on what deficiencies she saw in the complainant, and doesn't speak about the men at all,' said Gilbert. 'I find that astonishing in a case like this,' she said. 'She just completely blamed EM, and in doing so, she invoked stereotypes.' But few stereotypes may ultimately have proved as powerful as the one of Canada's mainly young, mainly white and mainly male hockey stars being infallible national symbols – a stereotype which the case at first threatened to explode. The entire sordid saga did not emerge into public view at all for many years: police dropped their initial police investigation in 2019 after seeing video that made them think EM was not as drunk as she had stated; EM then sued Hockey Canada in 2022, which conducted its own investigation and settled with her for an undisclosed amount. It was only when the settlement was leaked to the media that a public uproar saw police reopen the investigation, and lay charges in early 2024. But it also revealed the existence of a secret Hockey Canada fund, which the organization eventually admitted it had specifically created to pay settlements in sexual assault cases against players – apparently lifting the lid off a long-simmering culture of abuse and cover-ups extending far beyond the case at hand. Sponsors dropped Hockey Canada like flies. In 2022 the incident spilled over into parliament, with hockey executives called in for questioning about what they knew of the London case and whether hockey had a problematic culture of the kind that would require the existence of a secret fund to settle assault claims. The furore led to multiple reforms, including mandatory training for athletes and staff on sexual violence and consent. The players themselves were barred from the NHL, though many have since been playing in Russia's Kontinental Hockey League. Now that the trial is over, the immediate discussion has turned to whether the NHL would readmit them. The league said in a statement that even though the men had been acquitted, and the allegations found not to be criminal, they were disturbing and 'the behaviour at issue was unacceptable'. It said it was conducting an analysis and 'determining next steps'. Many observers think it's likely the players will be made eligible again. Sponsors, meanwhile, have quietly returned to Hockey Canada. It was a starkly different atmosphere from 2022, and evidence that the trial alone was probably never going to be enough to bring a true reckoning to hockey culture, said Taylor McKee, an assistant professor at Brock University in Ontario who specializes in hockey and masculinity. He said in order to address a culture of secrecy and lack of boundaries, Hockey Canada needed to turn a 'flamethrower' toward the issue. If one person has behaved in a way that is compromising someone else's safety, including sexual assault, McKee advocates for punishing the entire team. 'That's the kind of messaging I want to hear from Hockey Canada: a zero tolerance policy,' he said. But with cars passing the courthouse after the verdict honking in support of the players, and with the union for professional hockey players now advocating for the men's return, what appears more likely, at least for now, is for the story that threatened to shake the foundations of a sport being forgotten as quickly as possible.
National Post
18 hours ago
- Sport
- National Post
Jamie Sarkonak: Hockey Canada judge believed in truth, not 'believe all women'
Article content She didn't leave happy, though: towards the end, McLeod asked her if she had STDs, and whether she was going to be leaving soon, which she felt was rude. E.M. also testified that McLeod also seemed annoyed at her when she returned to the room to search for a lost ring; she took an Uber home and was found crying in the shower by her mother, who 'took it upon herself' to report a sexual assault to police. Article content E.M. later explained to the court that her actions were driven by fear — fear that she never mentioned until she filed a civil suit against Hockey Canada, four years after the fact. Her mind 'separated' from her body to cope, she claimed. The judge didn't buy her story: important details had changed over time, and E.M.'s own concept of truth was uncomfortably fuzzy. Plus, E.M. initially told police that she didn't think the men would have physically forced her to stay. Article content The judge didn't hypothesize the complainant's actual feelings about what happened, but I suspect E.M. was quite miserable. She may have felt shame and regret for cheating on her boyfriend, as the defence argued during the trial. The little oral sex that was had was awkward and not erotic at all. The STD question may have felt like an accusation. Article content Article content Pop culture tells women that consensual sex is a neutral to empowering act, and good feminists will tell their friends that there's nothing to be ashamed about in sex. Slut shaming, we all knew in the good year 2018, was bad. But missing from that intense belief in female agency was the other side of the coin: that women can consent to something and wish they hadn't. Article content And certainly, the men regret it too. Their evidence suggested they took care to ensure consent was given at the time, and even that wasn't enough to keep an investigation from pausing, perhaps snuffing out, their NHL careers. McLeod and Foote were put on indefinite leave last year by the New Jersey Devils, as was Hart by the Philadelphia Flyers and Dubé by the Calgary Flames. And in 2022, Formenton may have lost out on a new contract with the Ottawa Senators due to the allegations; he played in Sweden until the charges were laid in 2024, and now works in construction. As for the future of these five men, the ball is still in the Ontario Crown's court. Prosecutors will have to decide in the next month whether to appeal for another shot at securing convictions; there's still a way this can drag out for years. Article content Supporters of E.M. will say the acquittals amount to a terrible outcome for women and sexual assault survivors, but they're the opposite. If sexual assault is to be taken seriously, it needs to mean something. It's to the actual victims' benefit that Carroccia didn't bend the rules to acrobatically extend the concept of sexual assault to new frontiers of apparently regretful intercourse, as courts have done in the past; doing so would have cheapened the concept to dollar store levels. Article content So, now what? After the decision was read, E.M.'s lawyer, Karen Bellehumeur, immediately took to calling for reform. 'While the accused's rights are important, those protections should not come at the expense of survivors' well-being,' she told a media scrum late Thursday. She expressed frustration with the fact that E.M. had to testify for nine days and was subject to 'insulting, unfair, mocking and disrespectful' cross-examination. 'She's really never experienced not being believed like this before.' Nine days of careful scrutiny is a very modest ask when a man is facing jail for an apparently consensual act that didn't pass the initial police sniff test. Article content
West Australian
2 days ago
- Sport
- West Australian
Former NHL players Michael McLeod, Cal Foote, Carter Hart, Dillon Dubé and Alex Formenton found not guilty of sexually assaulting woman in Canadian hotel room in 2018
Within minutes of starting to read her verdict, the words of Justice Maria Carroccia resonated across Canada as she bluntly assessed that: 'I do not find the evidence of E.M. to be either credible or reliable'. Observers in the courtroom reported hearing gasps of both shock and relief, reactions that mirrored those from many in Canada and beyond who have closely followed the troubling and at times, graphic, details of the case. Five ice hockey players — Michael McLeod, Callan Foote, Carter Hart, Dillon Dubé and Alex Formenton — were all acquitted on Thursday on charges of sexual assault in connection with a June 2018 incident at a hotel room in London, Ontario, when they were members of the country's World Juniors hockey team. E.M. met McLeod and other players in Jack's Bar in London, Ontario, on June 18 and went back to the London Delta Armouries Hotel with him, where he and other players were staying. The group was in town to attend the Hockey Canada Foundation Gala and Golf event after winning gold at the 2018 World Junior Ice Hockey Championships. During her testimony via video link, E.M. said that she was naked, drunk and scared in the hotel room in the early hours of June 19, 2018, when four men she did not invite showed up. She said she feared what they might do if she did not go along with their sexual demands, and adopted a 'pornstar persona' to get through the night. She added that she made the choice to dance and drink with them at a bar beforehand and had consensual sex with McLeod, but did not consent to sexual acts with others. McLeod, Hart and Dubé received oral sex from E.M. in the room, while Formenton and E.M. had vaginal sex in the hotel room's bathroom. McLeod and E.M. also had vaginal sex a second time. Dubé also slapped E.M.'s buttocks, and Foote did the splits over E.M. as she lay on the ground. All five men were charged with — and found not guilty of — a single count of sexual assault each, while McLeod faced an additional charge of party to an offence. Carroccia read and detailed her decision for more than five hours, outlining the evidence, her assessment of that evidence and the reasoning that she says supported her acquittals. It was the reaction of E.M., their accuser, whose identity is protected by a publication ban, to the verdict that many were curious about this week. 'She's obviously very disappointed with the verdict and very disappointed with her Honour's assessment of her honesty and reliability' Karen Bellehumeur, a lawyer representing E.M., said after the verdict. Bellehumeur called her client E.M. a 'hero' saying E.M.'s purpose was standing up for herself and trying to seek accountability. But in a disquieting accusation, she added that E.M. found her treatment at times during cross-examination was insulting, unfair, mocking and disrespectful. 'I want people to understand that the entire interaction between the parties was probably about seven hours and she (E.M.) faced seven days of cross-examination on those seven hours so, think of that,' Robert Talach said in a phone interview from London, Ontario where the trial is being held. Talach represented E.M. in her civil lawsuit against Hockey Canada that was settled in 2022, but he does not currently represent her. 'For all these people who say she had ulterior motives, there's nothing in it for her in any meaningful way in going through this criminal process,' Talach said, pointing out that E.M. went to police right after the incident in 2018, but the case was dropped due to lack of evidence. Bellehumeur also noted the men had not been found innocent, but rather 'not proven guilty beyond a reasonable doubt'. After the verdict, prosecutors noted that they have 30 days to consider an appeal and that what they wanted was a fair trial to both the accused men and E.M. that was based on the evidence and the law and not based on 'stereotypes and assumptions'. 'We want to thank E.M. for coming forward and for her strength in participating in this process,' said Meaghan Cunningham, an Ontario crown attorney outside the London courthouse moments after the verdict. The details of this case, sometimes sexually graphic, were discussed and considered in Canada's bedrooms and hockey rinks alike and have made news internationally. An issue from a legal perspective is what constitutes consent when it comes to sexual activity. The issue culturally is the behaviour of Canada's hockey prodigies and the conduct of Hockey Canada. According to Canadian law, consent to sexual activity is defined in part by 'the voluntary agreement of the complainant to engage in the sexual activity in question'. 'Conduct short of a voluntary agreement to engage in sexual activity does not constitute consent as a matter of law.' Carroccia said that, 'in this case, I have found actual consent…' adding that she believes E.M.'s behaviour during the incident was 'not motivated by fear'. The five men and their teammates testified during the trial that E.M. repeatedly asked for sexual activities and became annoyed when they would not comply. While in Canadian law consent must be ongoing and cannot be given after any sexual encounter, Carroccia reportedly said she reviewed two short videos of E.M. taken by McLeod that defence lawyers claimed proved consent, and that she was also able to determine that E.M. was not intoxicated to the point of being unable to give consent. E.M. is heard saying in the videos that it was 'all consensual' and that she was OK. Carroccia noted on Thursday that in the video, E.M. is wiping her eyes. E.M. testified this could have been her crying. The judge found that to be speculative. During the weeks-long trial, the court heard from multiple teammates, including current Vegas Golden Knights player Brett Howden. He frequently cited being unable to remember the events from seven years ago, even prompting a voir dire or trial within a trial when prosecutors accused him of feigning his memory loss. His previous statements and social media communications were ruled inadmissible, due to being coerced by Hockey Canada investigators — as players were threatened with penalties such as suspension if they did not cooperate — or for being heresay. In one 2018 text to a teammate, Howden said he left the hotel room as 'Duber' was smacking E.M.'s buttocks 'so hard'. 'It looked like it hurt so bad.' Carroccia ruled the text could not be used as evidence because Howden could not verify its accuracy seven years later. In previous statements to investigators, he described hearing E.M. cry during this interaction. In the same interview, Howden said he heard her 'weeping' and left because he 'didn't want to be a part of anything'. Carroccia found that Dubé did slap E.M. buttocks, but did not think Dubé was one of the men taking turns slapping her as hard as they could, as reported by CBC. Howden also described being shown the consent videos by McLeod, telling investigators 'Mikey' had recorded it after E.M.'s 'little episode'. 'He's like, 'This is when she calmed down',' he said. 'So I don't know if that means after she was crying and stuff.' McLeod told investigators that E.M. did become upset at points in the night, but because she was embarrassed the men would not have vaginal intercourse with her. A group chat between the players involved that night — totalling 11 men including current players Howden, Calgary Flames player Jake Bean, Ottawa Senators player Drake Batherson, Dallas Stars player Sam Steel, Kontinental Hockey League (KHL) player and former Anaheim Ducks and Carolina Hurricanes player Maxime Comtois, and former KHL and American Hockey League (AHL) player Tyler Steenbergen — was also discussed in court. Only Howden, Steenbergen, New York Rangers player Taylor Raddysh and Tampa Bay Lightning player Boris Katchouk were called as witnesses — the latter two making early appearances in the hotel room just after E.M. and McLeod had the first instance of sexual intercourse but before any further sexual activities took place. Dubé created the chat after learning that Hockey Canada had been informed of the incident. In the chat, McLeod said: 'We all need to say the same thing if we get interviewed can't have different stories or make anything up.' They then discussed how best to have a call on FaceTime or other platforms, given their various timezones. Bean then said: 'No, boys. Like we don't need to make anything up. No one did anything wrong. We went to that room to eat. The girl came, she wanted to have sex with all of us. No one did. She gave a few guys head, and then we got out of the room when things got too crazy. And Mikey literally has a video giving her consent.' Dubé responded: 'OK ya f*** we are fine the boys who did things got consent so just tell them that it's fine.' Howden said: 'All we have to say is 'someone brought the girl back to the room. We were all in there ordering food and then this girl started begging from everyone to have sex with her. Nobody would do it. But then as time went on she gave three guys head. Once things started to get out of hand we all left and got her out.'' Comtois agreed and Bean said: 'Yeah like boys that's literally the truth so.' McLeod later asked what he should say if questioned about why he made the consent videos. Bean responded: 'You took the videos because you wanted to make sure nothing bad would happen. And cover yourself.' He also told players to stop talking in the group chat, and speak with their agents. Bean's father John Bean was the president and chief executive officer of Calgary Sports and Entertainment Corporation, which owns the Calgary Flames NHL team and other sports teams, for more than 14 years until he stepped down in 2024. On Thursday, Carroccia said the group chat was not proof of collusion and was simply them 'recounting their recollections'. During the trial, the court heard that McLeod sent a text to the team groupchat inviting them to his room for a 'three-way, quick'. He then also pulled Raddysh and Katchouk into the room and asked if they wanted oral sex. During initial investigations, McLeod said he told his teammates he was ordering food to the room. These texts were not produced in court, and McLeod did not testify, but the court heard he left the room to receive an order of food downstairs. Canadian broadcaster TSN first reported that E.M. had settled a lawsuit with Hockey Canada – the nation's governing body for the sport – and a cascade of developments followed, including June 2022 parliamentary hearings over Hockey Canada's handling of the case, and July 2022 announcements that London police and Hockey Canada would reopen their investigations. Part of the investigation focussed on how Hockey Canada had paid $7.6 million from its National Equity Fund — which is funded partially via player registration fees — in settlements for more than 20 sexual misconduct reports since 1989. The now-cleared hockey players have said Hockey Canada did not inform them of the settlement with E.M. David Humphrey, a lawyer for Michael McLeod called the verdict 'just', adding that his client has suffered significant damage to his career and reputation. And he singled out the conduct of Hockey Canada and how it first handled the allegations from E.M. 'The players were only told of the lawsuit and the settlement after the fact. Had they'd been consulted, they would have refused to settle and they would have vigorously contested E.M.'s allegations. That version of events dominated headlines and created the lasting and the false, a false impression of guilt,' Humphrey said outside the courtroom. Few believe the reckoning for Canada's hockey culture will end with this case. Writing online for The Conversation after the verdict was announced, academics Laura Misener and Treena Orchard posited that it is sports culture that should be on trial. 'Elite athletes often operate within environments where their talent grants them special status and access to resources — monetary and otherwise — that bolster a sense of entitlement. In some instances, sport organisations exacerbate this sentiment by protecting their star performers instead of addressing misconduct, which was reflected in this case,' Misener and Orchard said. This month, Hockey Canada published a progress report on the 2022 action plan it introduced as part of the fallout from this incident. Hockey Canada says all national team athletes, coaches and staff now undergo a mandatory enhanced screening process, and complete training on sexual violence and consent, however it acknowledges that 'there is still more work to be done.' During parliamentary hearings in June 2022, executives for Hockey Canada disclosed that the organisation was notified of the incident the day after it was alleged to have taken place in 2018. 'We immediately initiated a process to investigate, beginning by contacting police. We commissioned an independent investigation and appointed an independent adjudication panel of judges to review the findings of that investigation,' Tom Renney, Hockey Canada's former CEO, said during testimony. While Renney confirmed during the hearings that Hockey Canada had settled a civil lawsuit that E.M. filed in April 2022, but he did not reveal the settlement amount. In July 2022, Hockey Canada published a letter apologising for it said was inadequate action regarding the assault allegations, and said it was reopening an internal investigation. Three months later, the organisation announced its CEO and board of directors were being replaced. None of the five men have played in the NHL since early 2024. McLeod and Foote both played for the New Jersey Devils, and were granted indefinite leaves of absence in January 2024. Both their contracts ran out after the season and they were not re-signed. Hart played for the Philadelphia Flyers and was also granted an indefinite leave of absence in January 2024. He was not tendered a qualifying offer at the end of the season and became an unrestricted free agent in July 2024. Dubé played for the Calgary Flames and was granted an indefinite leave of absence in January 2024. The team received criticism for citing his mental health as the reason, and later claimed they had no knowledge of the pending charges against him when Dubé requested the leave of absence. Like Hart, Dubé was not tendered a qualifying offer at the end of the season and became an unrestricted free agent in July 2024. Formenton played for the Ottawa Senators until 2022. When the terms of a new contract could not be agreed upon, he signed with Swiss club HC Ambrì-Piotta of the National League (NL). He was granted a leave of absence by the team in January 2024, and revealed in court that he had 'moved on from a hockey career' and now has a construction job in Canada. McLeod, Foote and Dubé all played for the KHL before the trial started, though their contracts have ended or are set to end soon. All members of the Canadian team from 2018 were suspended from representing the country at any international tournaments, though Colorado Avalanche defenceman Cale Makar was cleared to play for Canada at the 4 Nations Face-Off after an independent review led to his ban from international hockey being lifted. Makar had previously said he was not involved in the incident. 'I wasn't there,' he told reporters last year. 'It was a very fortunate bounce to not obviously be a part of something like that.' The NHL released a statement in response to the players being found not guilty, saying they are still not eligible to play in the league at this stage. 'The allegations made in this case, even if not determined to have been criminal, were very disturbing and the behaviour at issue was unacceptable,' it said. 'We will be reviewing and considering the judge's findings. 'While we conduct that analysis and determine next steps, the players charged in this case are ineligible to play in the league.' The NHL employs a morality clause in its contracts, requiring players to 'conduct himself on and off the rink according to the highest standards of honesty, morality, fair play and sportsmanship, and to refrain from conduct detrimental to the best interest of the club, the league or professional hockey generally', as reported by the Globe and Mail. The NHL Players Association (NHLPA) responded to the league's statement by saying its players should 'have the opportunity to return to work'. Ruling the players ineligible while the NHL further evaluates the case does not align with the terms of their collective bargaining agreement, it said. 'We are addressing this dispute with the league and will have no further comment at this time.' If cleared, it has been raised that teams may not want to sign the players due to anticipated backlash, but it would not be the first time a team has weathered the storm. Many have pointed to the Edmonton Oilers as a possible home for Hart, though an industry insider recently said the team has no interest in hiring the goaltender. 'Any report about the Oilers having interest in Carter Hart is incorrect,' Jason Gregor said on X. 'Edmonton will not be approaching him, even if he is found not guilty.' The Oilers were criticised for hiring Stan Bowman as General Manager last year. Bowman was the GM of the Chicago Blackhawks when prospect Kyle Beach alleges he was sexually assaulted by video coach Brad Aldrich. Beach claimed that he was sexually assaulted in May 2010 and the team was made aware of the incident but did not address it as they made a run for, and eventually won, the 2010 Stanley Cup. Aldrich resigned from the Blackhawks after the season. He was allowed his day with the cup, as is tradition. Aldrich later went on to be a volunteer coach at a high school in Houghton, Michigan, where he was arrested and pleaded guilty to fourth-degree criminal sexual conduct with a minor in 2013. TSN reported he even had a second day with the Stanley Cup in 2016, after being released from prison and while he was on probation and a registered sex offender. Prior to the 2022 reporting, the Blackhawks scandal was the biggest in NHL history. Beach sued the team in 2021, eventually reaching a confidential settlement. A second unnamed player sued the team in 2023, with a trial anticipated later this year. The Anaheim Ducks received backlash earlier this year for hiring Joel Quenneville as their new coach. Quenneville was the head coach of the Blackhawks during the aforementioned period. The Vancouver Canucks also received backlash for hiring Cal Foote's father Adam Foote as head coach in May while his son's trial was in court. The New York Rangers last year settled with a former employee after she made sexual assault allegations against player Artemi Panarin. Panarin is contracted to the team until the end of the 2025/26 season. Investigations into other alleged incidents remain ongoing, including allegations against the 2003 Canadian World Juniors hockey team and a 2014 sexual assault allegation involving eight former players for the Mississauga Steelheads, now the Brampton Steelheads, of the Ontario Hockey League (OHL).
7NEWS
3 days ago
- Sport
- 7NEWS
Former NHL players Michael McLeod, Cal Foote, Carter Hart, Dillon Dubé and Alex Formenton found not guilty of sexually assaulting woman in Canadian hotel room in 2018
Within minutes of starting to read her verdict, the words of Justice Maria Carroccia resonated across Canada as she bluntly assessed that: 'I do not find the evidence of E.M. to be either credible or reliable'. Observers in the courtroom reported hearing gasps of both shock and relief, reactions that mirrored those from many in Canada and beyond who have closely followed the troubling and at times, graphic, details of the case. Five ice hockey players — Michael McLeod, Callan Foote, Carter Hart, Dillon Dubé and Alex Formenton — were all acquitted on Thursday on charges of sexual assault in connection with a June 2018 incident at a hotel room in London, Ontario, when they were members of the country's World Juniors hockey team. E.M. met McLeod and other players in Jack's Bar in London, Ontario, on June 18 and went back to the London Delta Armouries Hotel with him, where he and other players were staying. The group was in town to attend the Hockey Canada Foundation Gala and Golf event after winning gold at the 2018 World Junior Ice Hockey Championships. During her testimony via video link, E.M. said that she was naked, drunk and scared in the hotel room in the early hours of June 19, 2018, when four men she did not invite showed up. She said she feared what they might do if she did not go along with their sexual demands. She added that she made the choice to dance and drink with them at a bar beforehand and had consensual sex with McLeod, but did not consent to sexual acts with others. McLeod, Hart and Dubé received oral sex from E.M. in the room, while Formenton and E.M. had vaginal sex in the hotel room's bathroom. Dubé also slapped E.M.'s buttocks, and Foote did the splits over E.M. as she lay on the ground. All five men were charged with — and found not guilty of — a single count of sexual assault each, while McLeod faced an additional charge of party to an offence. Carroccia read and detailed her decision for more than five hours, outlining the evidence, her assessment of that evidence and the reasoning that she says supported her acquittals. It it was the reaction of E.M., their accuser, whose identity is protected by a publication ban, to the verdict that many were curious about. 'She's obviously very disappointed with the verdict and very disappointed with her Honour's assessment of her honesty and reliability' Karen Bellehumeur, a lawyer representing E.M., said after the verdict. Bellehumeur called her client E.M. a 'hero' saying E.M.'s purpose was standing up for herself and trying to seek accountability. But in a disquieting accusation, she added that E.M. found her treatment at times during cross-examination was insulting, unfair, mocking and disrespectful. 'I want people to understand that the entire interaction between the parties was probably about seven hours and she (E.M.) faced seven days of cross-examination on those seven hours so, think of that,' Robert Talach said in a phone interview from London, Ontario where the trial is being held. Talach represented E.M. in her civil lawsuit against Hockey Canada that was settled in 2022, but he does not currently represent her. 'For all these people who say she had ulterior motives, there's nothing in it for her in any meaningful way in going through this criminal process,' Talach said, pointing out that E.M. went to police right after the incident in 2018, but the case was dropped due to lack of evidence. Bellehumeur also noted the men had not been found innocent, but rather 'not proven guilty beyond a reasonable doubt'. After the verdict, prosecutors noted that they have 30 days to consider an appeal and that what they wanted was a fair trial to both the accused men and E.M. that was based on the evidence and the law and not based on 'stereotypes and assumptions'. 'We want to thank E.M. for coming forward and for her strength in participating in this process,' said Meaghan Cunningham, an Ontario crown attorney outside the London courthouse moments after the verdict. The details of this case, sometimes sexually graphic, were discussed and considered in Canada's bedrooms and hockey rinks alike and have made news internationally. An issue from a legal perspective is what constitutes consent when it comes to sexual activity. The issue culturally is the behaviour of Canada's hockey prodigies and the conduct of Hockey Canada. According to Canadian law, consent to sexual activity is defined in part by 'the voluntary agreement of the complainant to engage in the sexual activity in question'. 'Conduct short of a voluntary agreement to engage in sexual activity does not constitute consent as a matter of law.' Carroccia said that, 'in this case, I have found actual consent…' adding that she believes E.M.'s behaviour during the incident was 'not motivated by fear'. The five men and their teammates testified during the trial that E.M. repeatedly asked for sexual activities and became annoyed when they would not comply. While in Canadian law consent must be ongoing and cannot be given after any sexual encounter, Carroccia reportedly said she reviewed two short videos of E.M. taken by McLeod that defence lawyers claimed proved consent, and that she was also able to determine that E.M. was not intoxicated to the point of being unable to give consent. E.M. is heard saying in the videos that it was 'all consensual' and that she was OK. Carroccia noted on Thursday that in the video, E.M. is wiping her eyes. E.M. testified this could have been her crying. The judge found that to be speculative. During the weeks-long trial, the court heard from multiple teammates, including current Vegas Golden Knights player Brett Howden. He frequently cited being unable to remember the events from seven years ago, even prompting a voir dire or trial within a trial when prosecutors accused him of feigning his memory loss. His previous statements and social media communications were ruled inadmissible, due to being coerced by Hockey Canada investigators — as players were threatened with penalties such as suspension if they did not cooperate — or for being heresay. In one 2018 text to a teammate, Howden said he left the hotel room as 'Duber' was smacking E.M.'s buttocks 'so hard'. 'It looked like it hurt so bad.' Carroccia ruled the text could not be used as evidence because Howden could not verify its accuracy seven years later. In previous statements to investigators, he described hearing E.M. cry during this interaction. In the same interview, Howden said he heard her 'weeping' and left because he 'didn't want to be a part of anything'. Carroccia found that Dubé did slap E.M. buttocks, but did not think Dube was one of the men taking turns slapping her as hard as they could, as reported by CBC. Howden also described being shown the consent videos by McLeod, telling investigators 'Mikey' had recorded it after E.M.'s 'little episode'. 'He's like, 'This is when she calmed down',' he said. 'So I don't know if that means after she was crying and stuff.' McLeod told investigators that E.M. did become upset at points in the night, but because she was embarrassed the men would not have vaginal intercourse with her. A group chat between the players involved that night — totalling 11 men including current players Howden, Calgary Flames player Jake Bean, Ottawa Senators player Drake Batherson, Dallas Stars player Sam Steel, Kontinental Hockey League (KHL) player and former Anaheim Ducks and Carolina Hurricanes player Maxime Comtois, and former KHL and American Hockey League (AHL) player Tyler Steenbergen — was also discussed in court. Only Howden, Steenbergen, New York Rangers player Taylor Raddysh and Tampa Bay Lightning player Boris Katchouk were called as witnesses — the latter two making early appearances in the hotel room just after E.M. and McLeod had the first instance of sexual intercourse but before any further sexual activities took place. Dubé created the chat after learning that Hockey Canada had been informed of the incident. In the chat, McLeod said: 'We all need to say the same thing if we get interviewed can't have different stories or make anything up.' They then discussed how best to have a call on FaceTime or other platforms, given their various timezones. Bean then said: 'No, boys. Like we don't need to make anything up. No one did anything wrong. We went to that room to eat. The girl came, she wanted to have sex with all of us. No one did. She gave a few guys head, and then we got out of the room when things got too crazy. And Mikey literally has a video giving her consent.' Dubé responded: 'OK ya f*** we are fine the boys who did things got consent so just tell them that it's fine.' Howden said: 'All we have to say is 'someone brought the girl back to the room. We were all in there ordering food and then this girl started begging from everyone to have sex with her. Nobody would do it. But then as time went on she gave three guys head. Once things started to get out of hand we all left and got her out.'' Comtois agreed and Bean said: 'Yeah like boys that's literally the truth so.' McLeod later asked what he should say if questioned about why he made the consent videos. Bean responded: 'You took the videos because you wanted to make sure nothing bad would happen. And cover yourself.' He also told players to stop talking in the group chat, and speak with their agents. Bean's father John Bean was the president and chief executive officer of Calgary Sports and Entertainment Corporation, which owns the Calgary Flames NHL team and other sports teams, for more than 14 years until he stepped down in 2024. On Thursday, Carroccia said the group chat was not proof of collusion and was simply them 'recounting their recollections'. During the trial, the court heard that McLeod sent a text to the team groupchat inviting them to his room for a 'three-way, quick'. He then also pulled Raddysh and Katchouk into the room and asked if they wanted oral sex. During initial investigations, McLeod said he told his teammates he was ordering food to the room. These texts were not produced in court, and McLeod did not testify, but the court heard he left the room to receive an order of food downstairs. An earlier settlement Canadian broadcaster TSN first reported that E.M. had settled a lawsuit with Hockey Canada – the nation's governing body for the sport – and a cascade of developments followed, including June 2022 parliamentary hearings over Hockey Canada's handling of the case, and July 2022 announcements that London police and Hockey Canada would reopen their investigations. Part of the investigation focussed on how Hockey Canada had paid $7.6 million from its National Equity Fund — which is funded partially via player registration fees — in settlements for more than 20 sexual misconduct reports since 1989. The now-cleared hockey players have said Hockey Canada did not inform them of the settlement with E.M. David Humphrey, a lawyer for Michael McLeod called the verdict 'just', adding that his client has suffered significant damage to his career and reputation. And he singled out the conduct of Hockey Canada and how it first handled the allegations from E.M. 'The players were only told of the lawsuit and the settlement after the fact. Had they'd been consulted, they would have refused to settle and they would have vigorously contested E.M.'s allegations. That version of events dominated headlines and created the lasting and the false, a false impression of guilt,' Humphrey said outside the courtroom. Few believe the reckoning for Canada's hockey culture will end with this case. Writing online for The Conversation after the verdict was announced, academics Laura Misener and Treena Orchard posited that it is sports culture that should be on trial. 'Elite athletes often operate within environments where their talent grants them special status and access to resources — monetary and otherwise — that bolster a sense of entitlement. In some instances, sport organisations exacerbate this sentiment by protecting their star performers instead of addressing misconduct, which was reflected in this case,' Misener and Orchard said. This month, Hockey Canada published a progress report on the 2022 action plan it introduced as part of the fallout from this incident. Hockey Canada says all national team athletes, coaches and staff now undergo a mandatory enhanced screening process, and complete training on sexual violence and consent, however it acknowledges that 'there is still more work to be done.' During parliamentary hearings in June 2022, executives for Hockey Canada disclosed that the organisation was notified of the incident the day after it was alleged to have taken place in 2018. 'We immediately initiated a process to investigate, beginning by contacting police. We commissioned an independent investigation and appointed an independent adjudication panel of judges to review the findings of that investigation,' Tom Renney, Hockey Canada's former CEO, said during testimony. While Renney confirmed during the hearings that Hockey Canada had settled a civil lawsuit that E.M. filed in April 2022, but he did not reveal the settlement amount. In July 2022, Hockey Canada published a letter apologising for it said was inadequate action regarding the assault allegations, and said it was reopening an internal investigation. Three months later, the organisation announced its CEO and board of directors were being replaced. The NHL's response to the trial None of the five men have played in the NHL since early 2024. McLeod and Foote both played for the New Jersey Devils, and were granted indefinite leaves of absence in January 2024. Both their contracts ran out after the season and they were not re-signed. Hart played for the Philadelphia Flyers and was also granted an indefinite leave of absence in January 2024. He was not tendered a qualifying offer at the end of the season and became an unrestricted free agent in July 2024. Dubé played for the Calgary Flames and was granted an indefinite leave of absence in January 2024. The team received criticism for citing his mental health as the reason, and later claimed they had no knowledge of the pending charges against him when Dubé requested the leave of absence. Like Hart, Dubé was not tendered a qualifying offer at the end of the season and became an unrestricted free agent in July 2024. Formenton played for the Ottawa Senators until 2022. When the terms of a new contract could not be agreed upon, he signed with Swiss club HC Ambrì-Piotta of the National League (NL). He was granted a leave of absence by the team in January 2024, and revealed in court that he had 'moved on from a hockey career' and now has a construction job in Canada. McLeod, Foote and Dubé all played for the KHL before the trial started, though their contracts have ended or are set to end soon. All members of the Canadian team from 2018 were suspended from representing the country at any international tournaments, though Colorado Avalanche defenceman Cale Makar was cleared to play for Canada at the 4 Nations Face-Off after an independent review led to his ban from international hockey being lifted. Makar had previously said he was not involved in the incident. 'I wasn't there,' he told reporters last year. 'It was a very fortunate bounce to not obviously be a part of something like that.' The NHL released a statement in response to the players being found not guilty, saying they are still not eligible to play in the league at this stage. 'The allegations made in this case, even if not determined to have been criminal, were very disturbing and the behaviour at issue was unacceptable,' it said. 'We will be reviewing and considering the judge's findings. 'While we conduct that analysis and determine next steps, the players charged in this case are ineligible to play in the league.' The NHL employs a morality clause in its contracts, requiring players to 'conduct himself on and off the rink according to the highest standards of honesty, morality, fair play and sportsmanship, and to refrain from conduct detrimental to the best interest of the club, the league or professional hockey generally', as reported by the Globe and Mail. The NHL Players Association (NHLPA) responded to the league's statement by saying its players should 'have the opportunity to return to work'. Ruling the players ineligible while the NHL further evaluates the case does not align with the terms of their collective bargaining agreement, it said. 'We are addressing this dispute with the league and will have no further comment at this time.' If cleared, it has been raised that teams may not want to sign the players due to anticipated backlash, but it would not be the first time a team has weathered the storm. Many have pointed to the Edmonton Oilers as a possible home for Hart, though an industry insider recently said the team has no interest in hiring the goaltender. 'Any report about the Oilers having interest in Carter Hart is incorrect,' Jason Gregor said on X. 'Edmonton will not be approaching him, even if he is found not guilty.' The Oilers were criticised for hiring Stan Bowman as General Manager last year. Bowman was the GM of the Chicago Blackhawks when prospect Kyle Beach alleges he was sexually assaulted by video coach Brad Aldrich. Beach claimed that he was sexually assaulted in May 2010 and the team was made aware of the incident but did not address it as they made a run for, and eventually won, the 2010 Stanley Cup. Aldrich resigned from the Blackhawks after the season. He was allowed his day with the cup, as is tradition. Aldrich later went on to be a volunteer coach at a high school in Houghton, Michigan, where he was arrested and pleaded guilty to fourth-degree criminal sexual conduct with a minor in 2013. TSN reported he even had a second day with the Stanley Cup in 2016, after being released from prison and while he was on probation and a registered sex offender. Prior to the 2022 reporting, the Blackhawks scandal was the biggest in NHL history. Beach sued the team in 2021, eventually reaching a confidential settlement. A second unnamed player sued the team in 2023, with a trial anticipated later this year. The Anaheim Ducks received backlash earlier this year for hiring Joel Quenneville as their new coach. Quenneville was the head coach of the Blackhawks during the aforementioned period. The Vancouver Canucks also received backlash for hiring Cal Foote's father Adam Foote as head coach in May while his son's trial was in court. The New York Rangers last year settled with a former employee after she made sexual assault allegations against player Artemi Panarin. Panarin is contracted to the team until the end of the 2025/26 season. Investigations into other alleged incidents remain ongoing, including allegations against the 2003 Canadian World Juniors hockey team and a 2014 sexual assault allegation involving eight former players for the Mississauga Steelheads, now the Brampton Steelheads, of the Ontario Hockey League (OHL).
Global News
4 days ago
- Sport
- Global News
World juniors case raises consent questions, but appeal unlikely: experts
An appeal by Crown prosecutors of Thursday's acquittal of five hockey players in the high-profile world juniors sexual assault case is unlikely, legal experts say, despite questions about whether consent was properly considered. Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote were found not guilty of all charges after a weeks-long court case that centred on an alleged group sexual encounter in London, Ont., in 2018, in which the players had been accused of non-consensual sex. The Crown has 30 days to decide whether to appeal the decision to a higher court. In her ruling, Ontario Superior Court Justice Maria Carroccia said she did not find the female complainant, known as E.M. in court documents due to standard a publication ban, 'credible or reliable.' She also dismissed the Crown's argument that E.M. had only consented out of fear. Story continues below advertisement 'This case, on its facts, does not raise issues of the reformulation of the legal concept of consent,' she said in her decision. While those statements and others made by Carroccia have been criticized, even legal experts who take issue with them say they may not be sufficient grounds for an appeal. 'I don't agree with the way that the judge came to her decision, but the decision is really well-reasoned,' said Daphne Gilbert, a legal professor who teaches courses on sexual assault law at the University of Ottawa. 'Appeal standards aren't just that you disagree with the result. You have to to show an error in law. And I don't see an error in law in the decision itself.' 3:56 Why the judge acquitted all 5 former Hockey Canada players in sex assault trial How the legal definition of consent factors in Melanie Randall, a Western University law professor whose research includes women's autonomy rights, said Canada's 'extremely progressive statutory definition of consent' in criminal law means 'we're not looking for the 'no,' we're looking for the 'yes.'' Story continues below advertisement In other words, she said, a judge or jury must take into account the female complainant's own mindset behind her decision to consent to a sexual act, and determine if that consent is truly voluntary, which can be a subjective assessment. The court heard during the trial that E.M., who testified she was drunk and not of clear mind, was in the washroom after she had consensual sex with McLeod on the night in question and came out to a group of men in the room allegedly invited by McLeod in a group chat. It was then that the Crown alleged several sexual acts took place without E.M.'s consent. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Defence lawyers suggested E.M. wasn't as drunk as she said she was, wanted a 'wild night' with the players, was 'egging' them on to have sex with her and accused her of having a 'clear agenda' during the court process, which was a judge-only trial. E.M. pushed back against those claims and at points outright rejected them, saying she was coaxed into staying in the room and was disrespected and taken advantage of by the group, who she said 'could see I was out of my mind.' 'E.M. was unwavering in telling the court that she did not consent, she did not want this, she did not provide her voluntary agreement,' Randall said. Story continues below advertisement 'She explained in excruciating detail why it was complex for her to cope in that situation where she felt threatened and unsure of how to respond, and I think used a lot of strategies of appeasement and acquiescence.' 2:36 World junior trial: Players found not guilty in high-profile sex assault case Although Randall agreed that the decision itself was legally sound, she believes Carroccia 'went much further than she needed to' in the analysis of consent by ruling E.M.'s consent was voluntary. 'The judge basically said one of two things: either she knows better than E.M. does what her own subjective state was, or E.M. is a liar,' Randall said. 'I think those are two very unfortunate and damaging consequences of this decision.' Gilbert said a possible appeal could be launched on the allegation the judge was biased against E.M., but called that 'kind of a nuclear option.' Story continues below advertisement 'Usually you wouldn't accuse a judge of bias from what they write in a judgment, because they're actually making explicit the reasons upon which they made their decision,' she added. 'Bias arguments are more likely to come from attitudes in the courtroom or things that were said in the courtroom that then you felt contributed to a wrongful verdict.' She suggested the judge could have done more to rein in the defence lawyers in their cross-examination of E.M., which the complainant's lawyer Karen Bellehumeur said after the verdict Thursday was at times 'insulting, unfair, mocking and disrespectful.' '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,' Crown attorney Meaghan Cunningham told reporters outside court Thursday. Toronto lawyer Lorne Honickman told Global News the Crown will likely look 'very, very closely' at the issue of consent in the judge's ruling as it determines its next steps. 'If they believe that there may have been an error there in law, they will take this 30-day appeal period or review period to determine whether or not they want to appeal,' he said. 'Perhaps — and I underline 'perhaps' a hundred times — a higher court will be looking at the issues here and making further determinations.' Story continues below advertisement 2:26 Protestors gather as judge gives ruling in World Junior hockey sexual assault trial Scientific context missing in consent argument In her ruling, Carroccia noted the Crown did not present any scientific evidence or testimony she could consider that would support its claims that E.M.'s had only consented under fear or duress — something scientific experts were also puzzled by. 'I think the complexity of how the complainant responded isn't well understood,' Dr. Lori Haskell, a Toronto-based clinical psychologist who specializes in trauma and abuse and has served as an expert witness in previous trials, told Global News. Story continues below advertisement Haskell cited neuroscientific research that has shown how the brain can shut down parts of the prefrontal cortex that affect decision-making, logic and reasoning in stressful or threatening scenarios. 'They're now in survival brain,' she said of people during situations of real or perceived threats. 'It's easy when you're not in that situation to assume you could (fight or run away), but I think we need to look at, what are similar situations? How do people respond?' She continued: 'I mean, how do men respond to hazing on sports teams? We know young men in universities have been quite traumatized with things done to them.' Without that further context, experts like Gilbert and Randall said the judge's ruling appeared to accept some of the most widely-held myths regarding sexual assault, including arguments made by the defence lawyers that E.M. had 'created a lie' out of regret and embarrassment. 'Although the slogan, 'Believe the victim,' has become popularized as of late, it has no place in a criminal trial,' Carroccia wrote at one point in her decision. 'To approach a trial with the assumption that the complainant is telling the truth is the equivalent of imposing a presumption of guilt on the person accused of sexual assault and then placing the burden on him to prove his innocence.' Story continues below advertisement 0:49 All 5 former World Junior players found not guilty in high-profile sex assault trial London, Ont., defence lawyer Phillip Millar told Global News he felt 'relief' to see that sentiment expressed in the decision. 'I was worried our judicial system has (been) going too far in terms of buying into the 'believe all victims' (idea) before the person has been determined to be a victim by the justice system,' he said. 'What was done is the law of consent was properly applied. You can't redefine consent because it's inconvenient to you, or because you want to retroactively retract it. Just because you're not proud of what you did on a day doesn't give you the ability to redefine what is consent.' Randall and Gilbert noted that acquittals mean the threshold of proving something beyond a reasonable doubt was not met by the Crown, but how Canadians and those in the public realm view the details laid out during the court process may be another question. Story continues below advertisement 'I don't think an appeal is the only strategy here,' Gilbert said. 'I think there's lots of things we can respond to this judgment with that are, you know, powerful things to respond with that aren't necessarily appealing.'
