The Crown has decided to not appeal the acquittals of five former members of Canada’s 2018 world junior hockey team, following the high-profile case in London, Ont. On Thursday, Daniel Brown, a lawyer for 2018 player Alex Formenton, was notified of the decision by an official with the Office of the Attorney General of Ontario. The decision follows Justice Maria Carroccia’s verdict in the case from July 24, following charges against Formenton, Michael McLeod, Carter Hart, Dillon Dube, and Callan Foote of sexual assault. The assault was 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, and McLeod invited his teammates to his room and then joined other players in repeatedly sexually assaulting her for hours. The decision doesn’t come without pushback. Both the London Abused Women’s Centre and Anova have shared their disappointment regarding the decision. “Like we weren’t living in this world where we thought that there was going to be an appeal, and all of a sudden the verdict was going to look a little bit different or totally different. So, we figured that this was going to happen,” said Jennifer Dunn, executive director of London Abused Women’s Centre. “This is not a matter of, you know, innocent until proven guilty. They’re not guilty. It doesn’t mean nothing happened. And I think that we need to remember that,” said Dunn. Anova, a centre in London for abused women, released a statement describing the decision as “another painful reminder of how deeply the legal system fails survivors of sexual assault over and over again.” The centre said in a statement that the appeal could’ve been an opportunity to speak against the judgement that will be used against victims of violence in the future. “Instead, the decision not to appeal reinforces the same silence and dismissal survivors have faced for generations,” the statement read. 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.” Dunn is calling for a requirement of sexual assault awareness training to be put in place for judges. “If we’re going to move the needle at all. We need proper legislation, proper education, proper awareness, proper funding.” The criminal trial began in London in late April. Currently the players are appealing suspensions by Hockey Canada. 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. - With files from TSN’s Rick Westhead and CTV London’s Sean Irvine.
