Hugs, tears and sighs of relief filled a London, Ont. courtroom as five former members of Hockey Canada’s junior hockey team on trial for sexual assault were found not guilty. Family members of the defendants filled the first row of seating in courtroom 21, while Justice Maria Carroccia read her opening remarks. She said the complainant in the case, known as E.M., did not present credible testimony and that prosecutors could not meet the onus of proof for the charges against Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote. When those remarks were made, family members of the defendants audibly gasped and tears began flowing. As the verdicts were being read, McLeod and Hart’s mothers could be seen in the front row of the courtroom holding hands. All five players pleaded not guilty to sexual assault after an encounter that took place in a London hotel room in the early hours of June 19, 2018. Years of speculation regarding the allegations — fuelled by a lawsuit settlement, parliamentary hearings and revived investigations by the police and Hockey Canada, along with an NHL investigation — all preceded a complex trial earlier this year that included a mistrial and the dismissal of the jury, leaving the verdict to Carroccia. Over the course of about five hours, Carroccia explained her reasoning for the acquittals in detail, highlighting the complainant’s “tendency to blame others” for inconsistencies in her allegations. “For instance, she said that Det. Newtown spoke over her and cut her off when he took a statement, so that impacted on her answers. She also blamed her civil lawyers for inconsistencies and failing to catch the quote errors in her July 2022 statement — evidence that specifically contradicts the evidence of the complainant. Some of the complainant’s testimony in chief was proven to be wrong once compared to legal evidence,” said Carroccia. She also 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 surveillance video from a bar and hotel that night and the testimony of others. “In my view, the complainant [EM] exaggerated her intoxication. When confronted with inconsistencies or when she was unable to explain why she acted in a certain way, and defaulted to say It was because she was drunk,” Carroccia added. McLeod faced an additional charge of “party to the offense,” which was dismissed. The players, who are now between the ages of 25 and 27, were in London at the time of the events in question for a gala and golf tournament marking their 2018 World Junior Championship victory. E.M. testified in May that she was naked, drunk and scared when four of the men showed up unexpectedly in McLeod’s room at the Delta Hotel London Armouries and felt the only “safe” option was to do what they wanted. Prosecutors argued the players did what they wanted without taking steps to ensure she was voluntarily consenting to sexual acts. “I made the choice to dance with them and drink at the bar, I did not make the choice to have them do what they did back at the hotel,” she testified. Defence attorneys cross-examined her for days and suggested she actively participated in or initiated sexual activity because she wanted a “wild night.” Two short videos of the complainant taken by McLeod the night of the encounter were played in court. In one, the woman says it was “all consensual,” though she told the court that wasn’t how she truly felt. As it relates to the videos, Carroccia said “While speaking on the video, E.M. does not display any signs of intoxication. She has no difficulty speaking. … She is not slurring her words and speaks clearly and coherently.” Protesters gathered outside a packed London courthouse on Thursday morning, holding signs that signaled support for the complainant. The public didn’t learn of the allegations for years. Police closed their initial investigation without charges in early 2019, but the complainant sued Hockey Canada in 2022. The organization settled the lawsuit amid intense scrutiny that cost it sponsors, but police reopened their investigation. The players’ identities were made public when they were charged in early 2024. At the time, four of them played in the NHL — Dube for the Calgary Flames, Hart for the Philadelphia Flyers, with McLeod and Foote for the New Jersey Devils. Formenton had previously played for the Ottawa Senators before joining a Swiss team. All went on indefinite leave, and none are on an NHL roster or has an active contract with a team in the league. The NHL launched its own investigation in 2022. Officials pledged to release the findings, though Commissioner Gary Bettman said in February that would depend on what the league can say given legal proceedings. Statement from E.M.’s lawyer on her behalf Hello, everyone. My name is Karen Bellehumeur. I’ve been providing EM with legal assistance and advice for the last number of years. She’s asking me to speak on her behalf today. She hasn’t been here today, she’s been watching on Zoom. I’ve spoken with her today since the verdict and she’s obviously very disappointed with the verdict and very disappointed with her Honour’s assessment of her honesty and reliability. She’s really never experienced not being believed like this before. I’m going to come back to that, but right now I’d like to take the opportunity on her behalf to thank a number of people, really all those who have supported her. She’s extremely grateful for the outpouring of support by the community. It gives her great solace to know that she is believed by so many. She has asked me to extend her heartfelt gratitude for all the support she has received from organizations and individuals who showed up for her in any way they could, either in person at the courthouse or through the many letters of support. To quote her, she said, “Your kind words mean so much to me and have helped me through this process more than you’ll ever know.” She also wishes to thank Crowns Megan Cunningham and Heather Donkers for their tireless efforts in this case, as well as Det. Lindsay Ryan Lindsay and Insp. Catherine Dan for believing her and supporting her. Thank you as well to Lisa Hewitt, her Victim/Witness Assistance Program (VWAP) worker, who helped get her through those nine days of testimony. On a personal note, it has been my honour to represent and assist EM through this process. She is a remarkable person and truly a hero. Despite her feeling like this was the hardest thing she’s ever had to do, she chose to persevere and continue with the process of seeking justice. She knew there were no guarantees for guilty verdicts, and that even if she decided not to testify, that decision would have been accepted. Despite her feeling like this is the hardest thing to do, she knew there was no guarantees for guilty verdicts, and she decided not to testify. That decision would have been accepted, but 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. 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 that the sexual violence experience 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. Yet she maintained her composure and kept her emotions in check, only to be criticized for not acting enough like a victim. I expect many people understand that when a person summons the courage to disclose their story, the worst possible outcome is to feel disbelieved. It’s a gutting experience that no one deserves. That’s why today’s verdict is so devastating. EM did everything in her power to recount her experience honestly and to the best of her ability. She agreed to do everything asked of her by the criminal justice system. She spoke to the police whenever requested. She reviewed her evidence. She prepared her testimony. She answered every question. She spoke with intelligence and from her heart. Yet it was not enough. Now she questions what more could she have done? As her lawyer, I can tell her there’s nothing more she could have done. But that said, the justice system must do better. It’s important to understand that this case, the criminal justice system worked the way it’s designed to work, to aggressively protect the rights of the accused. It’s based on a concept that 10 guilty persons should walk free before one innocent person is wrongly convicted. So today, the accused have been declared not innocent, but simply not proven guilty beyond a reasonable doubt. And while the accused rights are important, those protections should not come at the expense of the survivor’s well-being. Reforms that prioritize protecting survivors from unnecessary re-traumatization and harm must become embedded in our systems. The justice system continues to fall short on identifying and eradicating myths and stereotypes. It struggles to understand complicated social interactions, such as victim responses to unpredictable, threatening situations, such as that described by EM. These and other problems continue to act as significant barriers to justice in cases of sexual assault. I am hopeful that the verdict today is not the end. And I know that EM very much wants some good to come from this case. So to those other brave souls who are willing to do whatever it takes to pursue justice, we hope you do not give up. In a country where only 6 per cent of sexual assaults are reported to the police, courageous people like you are important. Without you, there is no criminal accountability at all. But the justice system must do better for you. Change is also necessary outside the justice system. To those in institutional leadership roles, this case should be a wake-up call that more is needed from you to prevent sexual violence. The impact you can have on this issue cannot be understated. But for today, despite the verdict, We can marvel at EM’s courage and be grateful for her willingness to endure this process for all the right reasons. We are all proud of EM because she shed light on issues that need our attention. She has fostered a nationwide conversation about sexual violence, entitlement culture, bystander responsibility, valid consent, coercion, and responses to threatening unpredictable situations. We look to this case as a turning point to do more to prevent sexual violence and to make reforms to afford survivors better treatment by the justice system. I stand with EM and we stand resolute that together we can and must demand better. Thank you. Thank you, everyone. Statement from London Police Service — With files from The Canadian Press
