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CTV News
11-06-2025
- Sport
- CTV News
Crown in World Junior sexual assault trial argues E.M. did not ‘voluntarily agree to charged sexual acts'
A composite image of five photographs show former members of Canada's 2018 World Juniors hockey team, left to right, Alex Formenton, Cal Foote, Michael McLeod, Dillon Dube and Carter Hart as they individually arrived to court in London, Ont., Tuesday, April 22, 2025. THE CANADIAN PRESS/Nicole Osborne Warning: This story contains graphic details and allegations of sexual assault Lisa Carnelos, lawyer for former world junior hockey player Dillon Dubé, continued her final submissions in a London., Ont., courtroom on Wednesday morning. Carnelos told the court that to this day, none of the players have spoken to Dubé and there is no collusion to make up a story, previously suggested by the Crown. 'This is the most lame attempt at collusion I've seen in my life,' she said. Carnelos argued that based on 'credibility issues' with the complainant, known as E.M., the Crown's case 'must fail.' 'They failed to prove sexual assault allegations made by her,' she said. Dubé along with four other former world junior players – Cal Foote, Carter Hart, Michael McLeod and Alex Formenton – have pleaded not guilty to sexual assault in connection with an encounter at a hotel room in London in 2018. Final submissions from defence Foote's lawyer, Julianna Greenspan, focused on her client and the 'reliability' and 'credibility' of E.M. Greenspan argued the Crown failed to prove the alleged interaction with Foote occurred 'in a sexual contact.' E.M. previously testified Foote did the splits on her and 'grazed' his genitals on her face in room 209 at the Delta Hotel. Greenspan suggested the Crown's case was 'lacking foundation, contrary to the burden of truth and overreaching for a conviction.' She argued Foote was 'fully clothed' and it was a 'non-threatening' interaction, as shown by Hart's testimony. Hart previously testified that there was no physical contact between E.M. and Foote, and he had his shorts and T-shirt on. Greenspan suggested: 'It was a fun exchange, and you could see her smiling and laughing?' Hart agreed. 'Hart testified it was a cool thing that Foote could do the splits, and that he saw him do it on the dance floor the night before,' said Greenspan. Greenspan argued E.M. did not say the person who did the splits on her had no pants on in her 2018 statement with retired police officer Steven Newton. 'The reason she failed to do so is because it did not happen,' said Greenspan. E.M.'s version of the events on the night in question are 'manifestly unreliable' and manifestly 'not credible,' said Greenspan. Greenspan argued it was clear in E.M.'s testimony that she 'indeed had an agenda.' The court previously heard E.M. initially refer to the men as 'boys' in her 2018 interview with Newton, but in her testimony call them 'men.' 'The complainant's evidence speaks for herself and reaffirms there was a calculated reason behind her language,' said Greenspan. Greenspan argued this 'subtle change' points to a witness who is 'not worthy of belief.' Final submissions from the Crown Crown attorney Meaghan Cunningham began her final submissions on Wednesday afternoon, starting by saying E.M., didn't 'voluntarily agree to the charged sexual acts' that took place in the early morning hours of June 18, 2019. The Crown argued Justice Maria Carroccia 'must reject' the theory put forward by defence. Cunningham suggested 'E.M. did not ask for group sex.' She argued McLeod failed to 'affirmatively mention' the '3-way' text he sent to the group chat at 2:09 a.m., during his interview with Newton. 'He had every interest in saying things that made him look less culpable and making it clear E.M. was the instigator,' said Cunningham. Cunningham went on to highlight the text message exchange between E.M. and McLeod on June 20, 2019, where E.M. says she was okay going home with McLeod but not expecting 'everyone else afterwards.' The Crown suggested there is no evidence that E.M. asked for the men to come to the room or told McLeod to invite them. Cunningham argued E.M.'s testimony was clear and consistent in regarding the claim that she was 'surprised' when the other men came into the room. She suggested evidence provided by former World Junior players Taylor Raddysh and Boris Katchouk about how E.M. was behaving supports the claim that she 'did not ask for group sex.' Cunningham reminded the court that both Raddysh and Katchouk testified E.M. did not 'offer' or 'ask' for any sexual contact from them. 'If she had asked McLeod to invite his friends to the room for sexual activity, you would expect her to say something to the first two teammates that entered the room,' said Cunningham. The Crown argued someone was 'offering sexual acts' to McLeod's teammates, but it 'wasn't E.M.' Cunningham suggested McLeod was 'trying to recruit more people' to participate in sexual acts with E.M. Cunningham reminded the court that McLeod texted Raddysh, telling him to come to his room if he wanted 'a gummer,' recruited Katchouk from the hallway, called Hart and knocked on Raddysh's door. 'These are the actions of a man who is personally invested in bringing men into the room to engage sexually with E.M.,' said Cunningham. Cunningham will continue her final submissions on Thursday morning. 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: +1 866 925 4419 24-hour crisis line: 416 597 8808 Canadian Human Trafficking Hotline: +1 833 900 1010 Trans Lifeline: +1 877 330 6366 Sexual misconduct support for current or former members of the Armed Forces: +1 844 750 1648 Read about your rights as a victim here.
CBC
11-06-2025
- Sport
- CBC
Defence teams continue closing arguments at sex assault trial of ex-Hockey Canada world junior players
The Latest The sexual assault trial that began in late April for five former Hockey Canada world junior players continues today in Ontario Superior Court in London. Three of the five defence teams have wrapped their closing arguments. Lawyers for Dillon Dubé and Cal Foote are expected to finish their submissions today. So far, the closings have largely focused on undermining the credibility of the complainant, E.M., as a witness. The Crown, during its own closing arguments, will then have a chance to respond to what the defence lawyers said. Yesterday, we learned Justice Maria Carroccia will hand down her decisions on July 24. All five men — Michael McLeod, Carter Hart, Alex Formenton, Dubé and Foote — have pleaded not guilty to alleged sexual assaults at a hotel in June 2018. WARNING: Court proceedings include graphic details of alleged sexual assault and might affect those who have experienced sexual violence or know someone who's been affected.
Toronto Sun
10-06-2025
- Sport
- Toronto Sun
Defence takes aim at complainant's credibility in Hockey Canada sex assault trial
Published Jun 10, 2025 • 5 minute read A composite image of five photographs show former members of Canada's 2018 World Juniors hockey team, left to right, Alex Formenton, Cal Foote, Michael McLeod, Dillon Dube and Carter Hart as they individually arrived to court in London, Ont., Wednesday, April 30, 2025. Photo by Nicole Osborne / THE CANADIAN PRESS LONDON, Ont. — A woman who alleges she was sexually assaulted by five hockey players in a London, Ont., hotel room was neither too drunk to consent nor an 'automaton' incapable of making decisions, a defence lawyer argued Tuesday in closing submissions that took aim at the woman's credibility. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account The woman described several different states of mind to explain her behaviour over the course of that night in June 2018 and show that she wasn't consenting to the sexual activity at the hotel, but it would require 'mental gymnastics' to reconcile those with the video evidence and testimony of other witnesses, argued Daniel Brown, who represents Alex Formenton. Surveillance video from the bar where she first encountered several of the players contradicts her account that she was plied with alcohol and separated from her friends, and that she was extremely intoxicated, he argued. Meanwhile, none of the other players inside the room who were called to testify corroborated her testimony that there was an 'oppressive atmosphere,' he added. This advertisement has not loaded yet, but your article continues below. The complainant's testimony that her mind disconnected from her body and she felt as if she was watching things unfold is incompatible with the fact that she made choices while inside the room, such as refusing to lie down on the floor until a sheet was laid out, he said. The states of mind she described were 'not truthful,' but rather 'designed to mask consent,' argued Brown, who repeatedly said the woman lied or embellished in recounting the events of that night, including while under oath. 'Consent to sexual activity with a near stranger is still consent. Consent provided while impaired but not incapacitated is still consent. Consent provided to group activity or group sexual activity is still consent, and consent provided by one woman to more than one man at a time is still consent,' Brown argued. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. Formenton, Michael McLeod, Carter Hart, Dillon Dube and Callan Foote have pleaded not guilty to sexual assault, while McLeod has also pleaded not guilty to an additional charge of being a party to the offence of sexual assault. Read More Prosecutors allege that McLeod, Hart and Dube obtained oral sex from the woman without her consent, and that Dube slapped her buttocks while she was engaged in a sexual act with someone else. Foote is accused of doing the splits over the woman's face and 'grazing' his genitals on it without her consent. Formenton is alleged to have had vaginal sex with the complainant inside the bathroom without her consent. This advertisement has not loaded yet, but your article continues below. The five accused were part of Canada's 2018 world junior hockey team, and were in London with many of their teammates for a series of events celebrating their championship win, including an open-bar gala hosted by Hockey Canada, court has heard. After the gala, most of the team continued the celebration at a downtown bar, where the complainant was drinking and dancing with co-workers, court has heard. The woman, who was 20 at the time, eventually left with McLeod to go to his hotel room, where they had sex, court has heard. That encounter is not part of the trial, which instead focuses on what happened after several other players came into the room. Court has seen a text message McLeod sent to a team group chat shortly after 2 a.m., asking if anyone wanted a 'three-way.' Only Hart replied, saying he was 'in.' This advertisement has not loaded yet, but your article continues below. The woman testified she was drunk, naked and scared when men she didn't know came into the room, and felt her mind 'shut down.' She engaged in sexual acts while on 'autopilot,' she said, and felt she had no choice but to go along with what the men wanted. Two of the players' teammates in the room, Tyler Steenbergen and Brett Howden, testified that the woman at some point asked the group whether anyone would have sex with her, as did Hart, who was the only one of the accused to take the stand in his own defence. The complainant, meanwhile, said she didn't remember saying such things, but that if she did, it was a sign that she was out of her mind due to intoxication. Brown said the evidence 'overwhelmingly' shows the complainant consented to sex with his client. The woman asked for someone to have sex with her, and Formenton took her up on her offer, though he didn't want to do it in front of the others, his lawyer said. This advertisement has not loaded yet, but your article continues below. 'They both agreed. It's not complicated,' he said. RECOMMENDED VIDEO The woman, who cannot be identified under a publication ban, testified she remembered someone coming with her into the bathroom and feeling 'resigned' to the fact that sex was going to happen. The complainant not only got many things wrong in her testimony, but also lied on the stand, Brown further argued in his submissions. She told the court she weighed 120 pounds at the time but agreed under cross-examination that it was close to 140 pounds, which she knew after having reviewed her medical records, he said. She then explained that she gave the lower number because it was what she had said in a previous statement, he said. Brown argued it raised concerns the woman didn't respect her oath, and that it was more important to her to be consistent with her previous statements than to tell the truth. This advertisement has not loaded yet, but your article continues below. A lawyer representing Dube said Tuesday the oral sex her client received was consensual. Dube told police in a 2018 interview that he received oral sex for about 10 seconds before realizing it was a 'bad idea' and stumbling back. That interview is credible and establishes there was some communication between Dube and the complainant about the activity, his lawyer Lisa Carnelos argued. Dube did not mention touching the complainant's buttocks in the interview, Carnelos acknowledged, saying he may have simply forgotten to do so. She noted the detective conducting the interview didn't ask about it. The complainant has not identified who she alleges slapped her and only one teammate, Steenbergen, recalled seeing Dube slap the woman's buttocks, describing it as neither hard nor soft, Carnelos said. Steenbergen agreed under cross-examination it was playful and not abusive, she said. This advertisement has not loaded yet, but your article continues below. 'You are left with nothing but a very minor playful act consistent with foreplay' between two people who were already engaged sexually, she said. Defence lawyers have zeroed in on the complainant's credibility and reliability as they make their final pitches to Ontario Superior Court Justice Maria Carroccia. On Monday, one of McLeod's lawyers argued the complainant made up a false narrative because she didn't want to take responsibility for her decisions that night, and that her lie snowballed into a police investigation. When that police investigation was closed without charges in 2019, the woman shifted her narrative, David Humphrey argued. The detective in charge of the case had told her she didn't appear intoxicated in security videos from the hotel, so she added a new element in making a civil claim, alleging she was scared of the men in the room, Humphrey argued. The judge is expected to deliver her ruling on July 24. NHL Toronto Maple Leafs Columnists Editorial Cartoons Toronto Blue Jays
CTV News
03-06-2025
- General
- CTV News
Defence wraps its case in hockey players' sex assault trial
With the final witness completing their testimony today, lawyers will make closing arguments next week, reports CTV London's Nick Paparella. Warning: This story contains graphic details and allegations of sexual assault On Monday morning, Dan Brown, lawyer for Alex Formenton, told the court his client would not be testifying in his own defence in a London, Ont., courtroom. Brown called Det. Lyndsey Ryan to the witness box. Ryan led the second investigation in the case that led to the sexual assault charges against the five former junior hockey players. Ryan testified that when she spoke with E.M., she got the impression she was 'opening up some wounds' E.M. was 'trying to close.' Court heard Ryan did not interview the friends E.M. was with the night of the alleged assault because they 'had no idea what happened after Jack's' and she was 'trying to respect that.' In cross-examination, Crown lawyer Meaghan Cunningham asked Ryan about the 2018 video interview with E.M. and retired police officer Steven Newton. The Crown suggested E.M. appeared to be 'self-blaming,' to which Ryan agreed. Ryan testified she found E.M.'s behaviour to be 'quite normal' given previous experiences with sexual assault cases. Co-accused Dillon Dube and Cal Foote will not be testifying. All the defence lawyers have closed their cases, as has the Crown. Lawyers will make their closing arguments next week. 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 the Canadian Association of Sexual Assault Centres. 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: +1 866 925 4419 24-hour crisis line: 416 597 8808 Canadian Human Trafficking Hotline: +1 833 900 1010 Trans Lifeline: +1 877 330 6366 Sexual misconduct support for current or former members of the Armed Forces: +1 844 750 1648 Read about your rights as a victim here.
CBC
02-06-2025
- Politics
- CBC
Making sense of some of the evidence in the Hockey Canada sexual assault trial
Social Sharing WARNING: This article references sexual assault and may affect those who have experienced sexual violence or know someone impacted by it. The sexual assault trial of five players who were on Canada's 2018 world junior hockey team isn't just being followed closely in sports circles and by advocates against gender-based violence. The legal community is also watching the proceedings, where there have been many dramatic developments since they began in late April in London, Ont. The accused men — who all at one time had NHL careers — are Cal Foote, Dillon Dubé, Alex Formenton, Carter Hart and Michael McLeod. All have pleaded not guilty. The charges stem from allegations by the complainant, E.M., and their time at a London hotel in June 2018 following a Hockey Canada gala to celebrate the hockey team's world title. CBC News spoke to three lawyers who are not involved in the case but are closely watching it. "Every episode of this trial is jam packed with legal drama," said Nick Cake, a London-based criminal lawyer and former Crown. Since the trial began, there has been a mistrial, followed four weeks later by a second jury being discharged as the case shifted to being heard by Superior Court Justice Maria Carroccia alone. There have also been numerous evidentiary applications and arguments in voir dires, or trials within a trial. "For me, it's really a love of the law. I think there are very interesting issues that have arisen," said London-based criminal defence lawyer Sam Puchala, who frequently slips into the courtroom to watch the world junior proceedings. "These are some of our colleagues in the defence bar who are very notorious. They have very good techniques, and so it's just been a pleasure to watch but also learn. So I'm learning things every day in this trial as well." Keeping on top of the proceedings from Vancouver, Sarah Leamon, a defence lawyer and prosecutor, says, "It's a very unusual trial given that we have five different co-accused all on trial. "Not only that, but there's also a great deal of interest given the fact that this is a Hockey Canada issue," Leamon said. (Hockey Canada hosted the London gala for the world junior team in 2018, and has also faced criticism over eventually settling a civil lawsuit by the complainant, whose identity is protected under a standard publication ban. During this trial, defence counsel for the accused have also noted Hockey Canada settled the suit without communicating with or seeking the consent of the players.) There has also been a preponderance of evidence. The exhibits shown in court include surveillance footage from a bar, photos of a hotel room, the phones of hockey players, text messages and even a pair of stilettos. In one memorable moment during cross-examination, Julianna Greenspan, who represents Foote, hoisted a pair of stilettos into the air. They were, she said, the same make as the ones worn by E.M. Greenspan's questioning revealed the shoes — with long, thin high heels — were difficult to put on, and the lawyer used them as part of her arguments that E.M. never actually was wearing them when she tried to leave the room. Greenspan suggested it was because she never intended to leave. A photo of E.M.'s shoes was also entered into evidence. Here are more thoughts from Cake, Puchala and Leamon, focusing on how some of the evidence/exhibits may play into the trial. The '3 way' text One of the first exhibits the Crown put forward was a screenshot of a text from McLeod that timestamped 2:10 a.m. on June 19, 2018. Sent after McLeod and E.M. left Jack's bar and had sex in Room 209 at the Delta hotel (court heard the first time they had sex was consensual), the text appears to invite teammates to his room for a "3 way." " Without any context, it's just one small piece of the puzzle," Cake says of that text. "I don't think that this particular piece of evidence does a whole heck of a lot because all it does is explain what we already know, that there were a lot of men in that room with one woman and the allegations are that something happened." Leaman said it needs to be viewed more as narrative evidence — which is evidence that helps tell the story. "We know that this message was sent, and we know who sent it, what time they sent it. But again, the context, as [Cake] has pointed out, it needs to be filled in." Puchala said the message helps support the Crown's narrative of how the night unfolded. "It really is just something that leads to how it begins in a concrete way so that you know there can't be any sort of denial about this message being sent." Puchala said the text inviting players to the room for a "3 way" doesn't really serve as evidence of consent or lack thereof even if E.M. consented to the text being sent. "That's not what her evidence is, that she wanted a three-way, but this is really suggesting something that isn't even what ends up happening in terms of the allegations." The 'consent videos' The trial also saw two videos of E.M. that were taken from McLeod's phone. One video is timestamped 3:25 a.m. In it, McLeod is heard saying: "You're OK with this?" E.M. responds: "I'm OK." The next video is timestamped 4:26 a.m. A male voice is heard saying: "It was all consensual?" E.M. is heard replying: "It was all consensual. Are you recording me? K, good. You are so paranoid. Holy. I enjoyed it. It was fine. I'm so sober — that's why I can't do this right now." " I've had a lot of members of the public ask me, why is it that we're even coming to a trial if there are videos that confirm her consent?" Puchala said. "I know lawyers have spoken up about this before, that just because a video is recorded of you saying that you were fine with something that happened, doesn't mean that you are consenting at the time of the act." Puchala has watched the videos several times in court. One thing she says Carroccia will have to take into account is E.M.'s demeanour, particularly in the second video. "Some could view that as very skittish, right? That she wants to get out of there. So I think it really comes down to the analysis," Puchala said. In the first video, E.M. appears to be wiping her eyes. She has testified to weeping at times in the night. "This will be up to Justice Carroccia now that she is the trier of fact. She is going to rewatch that video many, many times, and that is going to be for her to determine in weighing the complainant's credibility and reliability." Leaman suggests the fact the videos even exist raises questions useful to the Crown. " Why would somebody feel the need to get a consent video after they've engaged in what they believe to be consensual sexual activity with an individual?" Because, under Canadian law, consent has to occur at the time of the sexual activity, Leaman said she would find defending the videos problematic. "We could make the argument, of course, that this is consent and it was valid consent, and this is documenting the valid consent that was obtained at the time. It just seems unusual." Cake pushed back on Leaman's assessment. "If you're wearing a world juniors championship ring, you're on the verge of a 10-year, $12.5-million contract to play in the professional hockey association that dominates North America, and you've just engaged in sexual activity," Cake said. 'Isn't there a part of you that might think, 'You know what, I want to protect myself from this exact situation or from a potential civil lawsuit. And so I'm going to grab this video.' That's potentially one of the ways that I see it." Texting between McLeod and E.M. McLeod found E.M. on Instagram a day after the alleged assaults and the two started texting. "I think text messages are always useful in terms of framing the evidence that the parties give," Puchala said. She sees several different ways the Crown and the defence teams could interpret the exchange. "When E.M. says, 'I was really drunk, didn't feel good about it at all after,' I think the word 'after' is interesting because of course not feeling good, or feeling shame or disgust even after an otherwise consensual encounter does not amount of sexual assault," Puchala said. "When she says, 'But I'm not trying to get anyone in trouble,' that could be true, even if there's a sexual assault. So, even if she was not consenting, and lots of sexual assault victims do not want accused persons to get into trouble." Puchala said the texts corroborate E.M.'s testimony that the initial encounter with McLeod was consensual and "'it was everyone else after that I wasn't expecting." "So, again, what exactly was it that you were not expecting?" Puchala said, adding that "needs to be a determination from Justice Carroccia." Puchala then zeroed in on E.M.'s line "just felt like I was being made fun of and taken advantage of." "Being 'made fun of' is not a crime," Puchala said. "But if it's really being taken advantage of, 'I did not consent to these other men coming into the room and engaging in the behaviours that they did,' that's a whole other story." Leaman zeroed in on the text in which E.M. tells McLeod she "didn't feel good about it at all after." "You can have buyer's remorse, to put it that way, after a sexual encounter that was consensual at the time, but now you look back and you think, 'Oh, I really wish I hadn't done that,'" Leaman said. "That does not vitiate the consent that was given at the time. And this may also speak to the defence that I expect these young men will likely mount." WATCH | WARNING: This video contains graphic content: Crown questions complainant E.M.: E.M. grilled again at Hockey Canada trial as cross-examination wraps 19 days ago Duration 1:54 WARNING: Video contains disturbing details | The Hockey Canada trial complainant, known only as E.M., was again questioned by the defence over her drinking and her account of her alleged sexual assaults, as the defence wrapped seven gruelling days of cross-examination at the sexual assault trial of five former junior hockey players. Leaman was also struck by the manner in which McLeod texted E.M. "He's being very, I think, you know, firm in instructing her to straighten things out right now," Leamon said. " When you look at what MacLeod's doing here, I think that he's incredibly pushy," Cake said. "I mean, the texts started at 10:51 in the morning. And they go, sure, until 7:40. "You can see that E.M. is like, 'Hey, I can't talk right now, I'm at work. I'm sorry. I'm unavailable.' And he's like, 'Are you going to fix this? Are you going to do it today? What are you gonna say to the police?'" Cake said. "I think that these text messages are a fantastic way to frame what obviously the Crown would be pushing as the power dynamic inside that hotel room." "Mr. McLeod comes across as somebody who is sophisticated enough to know he's in some trouble and he's trying to get himself out of it," Leaman said of the text exchange. "And he might just be papering this conversation with things that may assist him later. So that's also a possibility." Puchala said Carroccia will have to view these messages within the context of all the other evidence. "He [McLeod] ends it off with, 'I appreciate you telling the truth. Thank you all the best.' So is it, as [Leamon] was saying, to try to paper the file to make it look a certain way or is it genuinely, 'Oh phew we agree … that it was a mistake.'" The players' group chat On June 26, 2018, as they learned Hockey Canada was starting an investigation, the players who were in Room 209 that night began a group chat. The Crown has suggested there was collusion, but McLeod tells other players in the group chat that they need to tell the truth. "When I read through this group chat — it's just so difficult to determine what's going on here," Leaman said. "Are these guys getting together to collude, to create a narrative that assists them because they know they've done something that's questionable, if not just wrong? Or is this a situation where they're concerned about something that was consensual and they felt it was consensual at the time, but now they're looking back and they're a little bit worried?" Puchala said: "You have young men here that are sort of trying to grapple with what's going on and it doesn't necessarily seem like they really think that it's going to be sort of a criminal affair. "It's really, I think they're nervous about dealing with their families and with Hockey Canada, so in these messages, there's a lot a lot going on. "It has to be analyzed," said Puchala, who noted Carroccia has to think about these exchanges without having heard from many of the players who were in the group chat. "If there's uncertainty about something, like, it can look bad," Puchala said, but pointed out the judge will apply a standard of reasonable doubt that is very high. "Any sort of question about that lack of certainty usually favours the defence."
