Crown in World Junior sexual assault case argues E.M. was in a ‘highly stressful’ and ‘unpredictable’ situation

Crown prosecutors continue their final arguments in the sexual assault trial of five former members of Canada's world junior hockey team.

Warning: This story contains graphic details and allegations of sexual assault

Crown attorney Meaghan Cunningham continued her final arguments in a London., Ont. courtroom Thursday morning in the sexual assault trial involving five former World Junior hockey players.

She began by telling the court the complainant, known as E.M., was in a “highly stressful” and “unpredictable” situation in the early morning hours of June 18, 2019, at the Delta Hotel.

E.M. previously testified she was “surprised” when the other men came into the room after she had consensual sex with Michael McLeod.

Cunningham suggested E.M. realized she was in a “vulnerable” and “potentially dangerous” position.

The court previously heard E.M. went into the bathroom, came out naked, and sat on the bed in the room.

Cunningham argued E.M. “wasn’t thinking logically” and was not able to “choose how to respond” to the situation.

E.M. previously testified she felt like she “didn’t have control” to make choices and felt like she “couldn’t think clearly enough.”

Cunningham suggested when an individual is in a “highly stressful” situation, they aren’t necessarily able to “choose how they are going to respond.”

She described E.M.’s actions as a “trauma response.”

The court previously heard from witnesses that E.M. was laying on a bedsheet on the floor masturbating and asking players to have sex with her

Cunningham went on to discuss E.M.’s “credibility” and “reliability.”

“She has memory gaps,” said Cunningham. “Gaps don’t make her a less credible witness.”

The Crown argued E.M. remained “calm” and “fair” throughout her testimony and was trying to be “accurate” and “precise” when she could be.

The defence previously argued it was clear in E.M.’s testimony that she “indeed had an agenda.”

Cunningham suggested if E.M. had an “agenda” while testifying, it was to make sure she “wasn’t misunderstood.”

Cunningham reminded the court that the defence claimed E.M. had a “financial motive.”

The court previously heard Hockey Canada settled a lawsuit with E.M. for an undisclosed amount after she filed a $3.55 million lawsuit in 2022.

The Crown argued the civil lawsuit has no bearing on this trial and there is no evidence of a financial motive.

“She had her money, she could’ve taken that money and run. She did not need to come to court to participate in this trial and subject herself to nine days of testimony in order to keep that money,” said Cunningham.

Cunningham suggested Justice Maria Carroccia must “not accept” the narrative that E.M. was the “sexual aggressor.”

The court previously heard the players exchanged a series of messages following the events that took place.

Cunningham argued the group chat, created by McLeod, was for the players to “get their stories straight.”

The court previously heard McLeod took two videos of E.M. consenting to the sexual acts.

Cunningham argued McLeod took the first video because he was “concerned” E.M. might later say she “wasn’t consenting to what had happened.”

Video evidence showed McLeod saying, “You are okay with this though, right?”

The Crown argued if E.M. was begging for sex, as previously suggested by the defence, McLeod would not have needed to ask if she was okay with it.

Cunningham argued consent must be consistently “ongoing” throughout an encounter and it can not be given “before or after” the sexual activity in question.

“Consent must be specifically renewed and communicated for each sexual act,” said Cunningham.

She suggested there was a “power imbalance” in room 209 and E.M. found herself in a situation where she did not “see a choice in front of her.”

“This means her agreement was not voluntary,” said Cunningham.

Cunningham will continue her final submissions Friday morning

McLeod, along with four other former world junior players – Cal Foote, Dylan Dube, Carter Hart, and Alex Formenton – have pleaded not guilty to sexual assault in connection with an encounter at a hotel room in London in 2018.

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

If you are in immediate danger or fear for your safety, you should call 911.

A full list of sexual assault centres in Canada that offer information, advocacy and counselling can be found ​on the website for Ending Sexual Violence Association of Canada.

Helplines, legal services and locations that offer sexual assault kits in Alberta, B.C., Saskatchewan, Manitoba, Quebec, Ontario and Nova Scotia can be found here.

National Residential School Crisis Line: [phone]

24-hour crisis line: 416 597 8808

Canadian Human Trafficking Hotline: [phone]

Trans Lifeline: [phone]

Sexual misconduct support for current or former members of the Armed Forces: [phone]

Read about your rights as a victim here.