Crown won’t appeal verdict in Hockey Canada sexual assault trial

The Crown decided not to appeal the acquittals of five former members of Canada’s 2018 world junior hockey team after the high-profile case earlier this year.

The Crown has elected not to appeal the acquittals of five former members of Canada’s 2018 world junior hockey team after the high-profile case in London, Ont., earlier this year.

Daniel Brown, a lawyer for 2018 player Alex Formenton, told TSN that he was notified of the decision by an official with the Office of the Attorney General of Ontario on Thursday.

A spokesperson for the Office of the Attorney General didn’t return a request for comment.

The Crown had 30 days to file an appeal with the Court of Appeal for Ontario from July 24, the date Justice Maria Carroccia announced her verdict in the case.

Formenton, Michael McLeod, Carter Hart, Dillon Dube, and Callan Foote had each been charged with sexual assault in connection with an incident in a London, Ont., hotel in June 2018 following a Hockey Canada gala event. McLeod also faced a second charge of being a party to the offence.

A woman, whose identity is protected by a publication ban and who was referred to as E.M. in court, alleged that after she willingly accompanied McLeod to the hotel after a night of dancing and drinking at a downtown London bar, McLeod invited his teammates to his room and then joined other players in repeatedly sexually assaulting her for hours.

Reading her verdict nearly six weeks after the trial came to a close, Carroccia said she “did not find the evidence of E.M. to be credible or reliable.”

E.M. testified in the case for a total of nine days and was cross-examined for seven.

“She felt that it was important to see the process through to the end, even if it meant opening herself up to intense scrutiny and unjustified criticism,” Karen Bellehumeur, a lawyer for E.M., said in a brief press conference following the verdict.

“Her purpose, which was always at the forefront of her mind, was to stand up for herself and for others who have had similar experiences. She felt the sexual violence she experienced should not be concealed. She felt there needed to be accountability, but her choice to testify came at a great personal cost. Nine days of testifying was more than she ever expected. Her treatment during cross examination at times was insulting, unfair, mocking, and disrespectful, none of which was necessary.”

The players’ criminal trial began in late April in London and was marked by repeated delays, a mistrial, and the dismissal of a second jury.

The players are also appealing suspensions by Hockey Canada. That process was on hold pending the resolution of the criminal case.

The National Hockey League said in a statement following the verdict that even though the players were found not guilty, their actions were “unacceptable.”

The NHL said the players are not currently eligible to return to the league.

Four of the players (Dube, Foote, Hart and McLeod) were playing in the NHL until the 2023-24 season. Formenton has been out of the league since 2022.