Canadian prosecutors failed to meet the onus of proof in the trial of five former Hockey Canada players accused of sexually assaulting a woman in 2018, according to Ontario Superior Court Justice Maria Carroccia.
Speaking to the courtroom on Thursday, Carroccia said she she didn’t find the evidence against the men to be ‘credible or reliable.’
Defendants Michael McLeod, Carter Hart, Cal Foote, Dillon Dube and Alex Formenton have all pleaded ‘not guilty’ in the case. McLeod, who prosecutors allege was the ‘ringleader’ that night, has also pleaded not guilty to a separate charge of being a party to the offense of sexual assault.
‘Much has been made in this case about the concept of consent,’ Carroccia told the courtroom on Thursday. ‘This case, on its facts, does not raise issues of the reformulation of the legal concept of consent. In this case, I have found actual consent not vitiated by fear.
‘I conclude that the Crown cannot meet its onus [on the charges],’ Carroccia said.
The judge was still going over evidence in the case as of 11:30 local time as protestors were gathered outside in support of the accuser known only as E.M.
CBC reported there were gasps and tears in the courtroom as Carroccia delivered her decision seven years after the allegations were first report to police.
A composite image of five players; Alex Formenton, Cal Foote, Michael McLeod, Dillon Dube and Carter Hart as they individually arrived to court in London, Ontario, Canada, April 22
Alex Formenton arrives at the London Courthouse, in London, Ontario, Canada on Thursday
Carter Hart arrives at the London Courthouse, in London, Ontario on Thursday morning
E.M. testified in May that she was naked, drunk and scared when four of the men showed up unexpectedly in her room at the Delta Hotel London Armouries in the early morning hours of June 19, 2018, and felt the only ‘safe’ option was to do what they wanted.
Prosecutors contend the players did what they wanted without taking steps to ensure she was voluntarily consenting to sexual acts.
Defense attorneys cross-examined her for days and suggested she actively participated in or initiated sexual activity because she wanted a ‘wild night.’
The players, who are now between the ages of 25 and 27, were in London, Ontario at the time for a gala and golf tournament marking that year’s championship victory.
London Detective Sargeant Katherine Dann said in announcing charges in early 2024 that London Police received a call on June 19, 2018, from a relative of the victim and launched an investigation. That investigation was closed in 2019 with no charges.
A 2022 lawsuit sought $3.55 million in damages but was dropped after E.M. reached a settlement with Hockey Canada, leading police to reopen the investigation and charge five members of the team. That investigation revealed the organization had two secret funds to pay settlements on claims of sexual assault and abuse.
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.
Supporters for ‘E.M’ gather outside a London Courthouse, in London, Ontario on Thursday
Cal Foote arrives at court as a judge prepares to announce the verdict in the trial
Dillon Dube arrives at court as a judge prepares to announce the verdict in the trial
Hart, formerly of the Philadelphia Flyers; McLeod and Foote, formerly of the New Jersey Devils; Dube, formerly of the Calgary Flames; and ex-NHL player Alex Formenton, who had been playing in Europe with Swiss club HC Ambri-Piotta, were charged with sexual assault.
McLeod is facing an additional charge of being a party to the offense of sexual assault.
All five pleaded not guilty. None is on an NHL roster or has an active contract with a team in the league.
Hart was the Flyers’ No. 1 goaltender, while McLeod and Dube were regulars. Foote, a defenseman and son of former NHL player Adam Foote, primarily spent this past season in the American Hockey League.
Formenton played in 109 games for the Ottawa Senators from 2017 through 2022 before going to Europe.
