A Canadian court has acquitted five professional ice hockey players of sexual assault.
The five players, who are now aged between 25 and 27, were once part of Canada’s 2018 World Junior Hockey Championship side.
The group were alleged to have assaulted a woman in a hotel room while celebrating their victory that year.
The judge found the complainant’s testimony to be “unreliable”, including her evidence about her level of intoxication and mental state during the incident.
Context
In 2018, five members of Canada’s World Junior Championship ice hockey team – Carter Hart, Michael McLeod, Dillon Dubé, Alex Formenton, and Cal Foote – were alleged to have assaulted a 20-year-old woman in an Ontario hotel room following a team celebration.
The alleged victim, referred to as ‘E.M.’ in the case, told the court she went to the hotel for consensual sex with McLeod but was “shocked” and “scared” when other players arrived to the room. She testified she “felt like [she] was in auto-pilot mode”, and felt “numb” and “outnumbered”.
While each of the alleged offenders had their own defence teams, they generally argued that E.M. consensually participated in the sexual activities, and videos from the night proved her consent.
When E.M. told family members about the alleged assault, they reported it to Hockey Canada — the sport’s peak body, which is partially Government-funded.
Hockey Canada informed police and began its own investigation. By 2020, both investigations had concluded. Police did not lay charges, and the details of the Hockey Canada investigation remained confidential.
Hockey Canada
In May 2022, sport news outlet TSN publicly revealed the allegations. TSN reported that a month earlier, Hockey Canada had paid millions to settle E.M’s sexual assault claims without the players’ knowledge.
A month later, Canadian police reopened the criminal investigation based on new information.
Shortly following that, Canadian newspaper The Globe and Mail reported Hockey Canada had a fund dedicated to settling sexual assault cases against its players.
Executives later told Canada’s Parliament the organisation had paid millions to settle 21 cases since 1989.
Over the next 12 months, Hockey Canada faced increasing scrutiny over its funding arrangements, leadership and culture.
The entire board of directors, as well as the CEO, stepped down.
Government funding was slowly restored when the organisation was under new leadership, which said it would address the “systemic issues” in the culture of the organisation and sport.
Trial
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In January 2024, Canadian police announced sexual assault charges against the five players, who all pleaded not guilty. The charges carry a maximum prison sentence of 10 years.
Four of the five were then part of NHL teams, with the fifth playing professionally in Switzerland. All took indefinite leave.
Court proceedings began in mid-2024, with a trial date set for April 2025. Within the first month of the trial, the jury was dismissed after a defence lawyer accidentally encountered one of the jurors during a lunch break.
A new jury was selected by May, but that jury was also discharged after jurors told the judge the same defence lawyers as the first incident were “judging and making fun of them”.
Justice Maria Carroccia then decided to proceed without a jury.
E.M. testified for a total of nine days, including eight days of cross-examination by the five defence teams.
A large tranche of video, photographic and electronic messaging evidence was presented, as well as character references speaking in support of the five defendants. Only one of the defendants chose to take the stand.
Verdict
On Friday morning (AEST), Justice Carroccia found all five defendants not guilty, telling the courtroom she did not find E.M’s evidence to be “credible or reliable”.
The judge cited “inconsistencies” in her testimony around her claims of intoxication or fear preventing her from consenting.
Lawyers for E.M. said she was “very disappointed” with the court’s assessment of her credibility, saying: “When a person summons the courage to disclose their story, the worst possible outcome is to feel disbelieved”.
Lawyer Karen Bellehumeur said the treatment of E.M. during cross-examination was “at times was insulting, unfair, mocking and disrespectful, none of which was necessary”.
“Yet she maintained her composure and kept her emotions in check, only to be criticised for not acting enough like a victim.”
Lawyers for the five men told media outside court that their clients were pleased with the verdict, but damage to their reputation and sporting careers had been “significant”.
NHL
After the ruling, the NHL said the five men remained ineligible to play in the league until it determined “next steps”.
In a statement, it said: “The allegations made in this case, even if not determined to have been criminal, were very disturbing and the behaviour at issue was unacceptable. We will be reviewing and considering the judge’s findings.”
However, the NHL’s Players Association said the players “should now have the opportunity to return to work”.
