Five former Hockey Canada players found not guilty in sexual assault trial

An Ontario judge has found all five former members of Canada’s world junior hockey team not guilty of sexual assault.

The judge found Callan Foote, Alex Formenton, Dillion Dube, Michael McLeod and Carter Hart not guilty of sexual assault in the trial focused on an interaction with a woman in a London, Ont. hotel room in June 2018.

McLeod was also acquitted of a separate charge of being a party to the offence of sexual assault.

A trial and everyone’s testimonies that drew national attention

Since that night seven years ago, the roller coaster case attracted national attention over the testimonies between everyone involved.

Superior Court Justice Maria Carroccia read out her verdict and deemed that the complainant, referred to as “E.M.” in the trial, had too many inconsistencies in their testimonies, and lacked credibility to justify the charges.

As for the defendants Foote, Formenton, Dube, McLeod and Hart, sighs of relief from their supporters were heard in court.

“Justice Carroccia’s careful, reasoned decision represents a resounding vindication for Mr. McLeod and his co-defendants,” said David Humphrey, McLeod’s defence lawyer.

A judge’s verdict clearing five players of Canada’s 2018 World Junior team of sexual assault was welcomed by the defendants Thursday.

After a court deemed there were too many inconsistencies in the complainant’s testimony against the five men.

After pleading not guilty, McLeod, Formenton, Foote, Dube and Hart walked out of the London courthouse and did not take any questions.

They are now free of sexual assault charges following an encounter inside a London hotel room, the same night the players were honoured for a gold medal.

“Justice Carroccia rejected E.M.’s claims of fear and her claims of non-consent, that should be the takeaway from today’s judgement,” said Humphrey.

Earlier Thursday morning, Carroccia said prosecutors could not meet the onus of proof for the charges, laid by the complainant.

“I do not find the evidence of E.M. credible nor reliable,” said Carroccia.

“Throughout this proceeding, has been to see a fair trial that is fair to the men charged and one that is fair to E.M.,” said Meaghan Cunningham, the Crown attorney in the trial. “A fair trial is one where decisions are made based on the evidence and the law, not on stereotypes and assumptions.”

What happened that night, seven years ago

The judge recapped that the complainant and the players met at a downtown bar following a Hockey Canada gala.

Then things escalated to a hotel in the downtown core.

During the trial prosecutors argued the players did what they wanted without taking steps to ensure she was voluntarily consenting to sexual acts.

Defence attorneys cross-examined her for days and suggested she actively participated in or initiated sexual activity.

“She agreed to everything that was asked of her by the criminal justice system: she spoke to police when requested, she reviewed her evidence, she prepared her testimony, she answered every question,” said Karen Bellehumeur, the lawyer representing the complainant E.M.

“Yet it was not enough, now she questions ‘what more could she have done?’,” said Bellehumeur.

However, the judge said the woman went to ‘great lengths’ to point out that she was really drunk through the course of the night, but that is not supported by witnesses and surveillance video from the bar and hotel.

The public didn’t learn of the allegations for years.

Police closed their initial investigation without charges in 2019, but the complainant sued Hockey Canada in 2022.

A settlement was then made between the parties, leading to intense public scrutiny and police reopening the case.

Sexual assault advocates protested outside the courtroom Thursday morning.

“On an accusation, they were charged,” said Bubba Pollock at the courthouse. “Their careers are ruined now – the first police investigation: they found no grounds to charge.”

“We’re here to show our support, solidary, care and concern for E.M. and all survivors for sexual violence,” said Jessica Bonita-Dampty at the courthouse.

Neither of the counsel teams took questions after the verdict.

The Crown attorney said her team will review Carroccia’s decision while it remains under the timeframe to file an appeal.

READ MORE: Ex-Canada world Junior hockey players plead not guilty as sexual assault trial begins