Video of ex-junior hockey players at London bar shown during sexual assault trial; court adjourn for day

The trial against five former World Junior hockey players began in earnest Monday. CTV London’s Nick Paparella reports.

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

The sexual assault trial of five former Team Canada junior hockey players wrapped up for the day around 1 p.m. Monday.

The first witness, London police Det. Tiffany Waque, took the stand, to confirm a timeline of events and to answer any questions about surveillance video that was shown.

The video was obtained by London Police Service in connection with its initial investigation into the alleged incident in 2022.

The video shown was from Jacks bar on Richmond Street in downtown London, Ont. Where the complainant, E.M., could be seen entering the bar with a friend, wearing jeans, a grey tank top, black heels, carrying a small black bag.

Video went on to show around the same time, several members of the hockey team, many of them wearing T-shirts and backward baseball hats, having their ID checked, and bypassing a line to get in.

Between 11:20 p.m. and 11:40 p.m., you could see E.M. in the surveillance videos going to the ATM, having a drink at the bar, and dancing.

Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube, and Callan Foote, have all pleaded not guilty to sexual assault. McLeod faces an additional charge of being a party to the offence of sexual assault, to which he also pleaded not guilty.

Justice Maria Carroccia started the morning by giving her instructions to the jury.

“Do not ask anyone about the case or look for media reports about it. Do not use Google or any other search engine to seek out information on the internet about this case, do not do any research about it,” she said, “It is very important that juries decide cases based on the evidence in the courtroom and not on outside information that may be completely inaccurate or the correctness of which cannot be tested.”

Carroccia went on to say, “We live in an age of instant electronic communication and research. In addition to not talking face to face with anyone about anything related to this case or about any person or place involved in it... I mean, you must not give, send, receive, any information or research about or related to this case or to any person involved in it by any other means - I include by telephone, text messages, email, internet chats, blogs or social websites like Facebook or Twitter... Do not post any information about the case or anything, anyone or any place involved or what you are doing in this trial on any device or internet site, including blogs, chat rooms, social websites or any other place.”

Following the instructions, Assistant Crown Attorney Heather Donkers told the jury of nine women and five men that the case against the defendants, “is about consent. And equally important, it is about what is not consent.”

“We expect you will hear evidence about two brief videos that were taken by Mr. McLeod of [E.M.] towards the end of the night, in which [E.M.] made broad statements like ‘it was all consensual.’ Please listen carefully when [E.M.] testifies about what was happening before and during the recording of these videos. Pay close attention not only to what was said in these videos, but also what was not said,” said Donkers

“We expect you will hear evidence from [E.M.] that once she and Mr. McLeod were alone in Mr. McLeod’s hotel room, room 209, they engaged in sexual intercourse. This first act of sexual intercourse is not the subject of this trial. Soon after that sexual act ended, the atmosphere in the room changed. [E.M.] will testify that she observed Mr. Mceod on his phone and believed he was messaging people, but she did not know who or what he was messaging. You will see copies of those text messages, which include messages Mr. McLeod sent to his teammates in a group chat asking ‘who wants to be in a three- way quick. 209- Mikey.’ You will also hear that Mr. McLeod went into the hallway and invited people into his room, where [E.M.] still lay, naked, under the covers of the bed.

Donkers concluded her opening statement to the jury by saying, “What I have told you is not evidence. It is simply a roadmap to help you understand what you can expect to hear. Evidence comes from the witnesses.”

The alleged assault occurred in June 2018, coinciding with a Hockey Canada gala in London, where many team members were present.

To accommodate the federal election, the court proceedings adjourned early to allow jurors to participate in voting.

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.