Hockey Canada trial judge faces complex decision as case hinges on unseen question of consent

Justice Maria Carroccia is set to deliver her verdict in the Hockey Canada sexual assault trial (Getty Images)
As the Hockey Canada sexual assault trial concludes, Justice Maria Carroccia is now faced with a complex and high-stakes task: determining whether the complainant in a 2018 hotel room encounter truly consented to the sexual acts that took place.
The case, which involves five former members of Canada's 2018 World Junior hockey team, doesn't hinge on whether sex occurred—it clearly did—but whether it was consensual.
Hockey Canada trial
judge faces brutal test on consent and power
What makes the trial especially complex is that consent is an invisible state of mind. The judge must interpret it through indirect evidence—words, actions, and most critically, the context in which they occurred.
The defence has argued that the woman's account began with an 'understandable white lie' to her mother that spiraled into a false accusation.
They claim she actively participated in the encounters, had the opportunity to leave, and later sought financial compensation. The Crown, however, tells a very different story: one where the woman appeared to go along with the situation out of fear and powerlessness, not willingness.
One focal point is a video recorded during the encounter in which a player asks, 'You're okay with this, though, right?' and the woman replies, 'I'm okay with this.' While the defence sees this as proof of consent, the Crown challenges the video's meaning: What does 'this' refer to? Why use the word 'though'? Why make the video at all?
'Who makes consent videos when having sex?' the Crown questioned.
'You don't have to try to dig yourself out of a hole you're not in.'
This trial isn't just about conflicting testimonies. It's about the deeper question: how do courts recognize power imbalances and the reality that silence or passive agreement doesn't always mean consent? 'Power imbalance is omnipresent in sexual violence,' the Crown argued, suggesting the complainant complied as a form of self-preservation.
Also Read:
Hockey Canada sexual assault trial: Judge to rule on drunken night that shattered national trust and player accountability
With two conflicting narratives and a highly charged social context, the judge's decision won't simply decide guilt or innocence—it could shape how future courts interpret the subtle boundaries of consent in cases where power, fear, and silence collide.
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