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BBC News
13-06-2025
- Sport
- BBC News
Judge hears closing arguments in hockey sexual assault trial
Closing arguments have concluded in the trial of five Canadian ice hockey players accused of sexually assaulting a woman, with both sides offering competing stories on what had unfolded on the evening of the alleged accused men, all former players for Canada's world junior hockey team, have pleaded not guilty to the charges. Their fate now rests with a judge. Their lawyers argued that the woman consented to engaging in sexual acts with the players at a hotel room in London, Ontario, in 2018, while attending a hockey woman testified that she had consensual sex with one player that night, but did not agree to sexual acts with the others who had entered the hotel room. The accused are Michael McLeod, Dillon Dubé, Cal Foote, Alex Formenton and Carter Hart. All were professional players with the National Hockey League (NHL) when the assault allegations woman is known as EM due to a publication ban on her name. She was 20 years old at the time of the testified that she had met Mr McLeod at a bar in June 2018, where he and other players were celebrating after the gala. In her testimony, she told the court that she had agreed to go to Mr McLeod's hotel room and they had consensual lawyer Meaghan Cunningham argued that the woman was later put in a "highly stressful and unpredictable" situation after Mr McLeod invited other players by text message to the room for a "three-way". She feared for her safety, the lawyer said, and felt pressured to perform sexual acts to protect herself, including having sex with one player and oral sex with three others. Over days of testimony, EM said that she went on "auto-pilot" mode as the men demanded sex acts from Cunningham referenced a video shot by Mr McLeod at the end of the night of the woman, where he can be heard asking her "You're OK with this, though, right?" and she responds: "I'm OK with this."She argued that the way the question is framed suggests EM had not agreed to what had just transpired. "I want to ask Your Honour to think carefully about those words and what they tell us about what was happening at that point in time," Ms Cunningham told Justice Maria lawyers told the court a different story, focusing on her credibility and reliability as a witness. They argued it was EM who was the instigator and demanded sex acts from the men in the room. Defence lawyers also argued her actions that night made them believe she was consenting and zeroed in on one part of her testimony, where she said she had adopted a "porn star persona" as a coping mechanism during the incident. They said that the Crown had failed to prove beyond a reasonable doubt that the woman did not consent."This alone warrants an acquittal against all of these defendants," said lawyer Lisa Carnelos, who represented Mr Dubé.The closing arguments mark the end of the month-and-a-half long trial, which featured a declaration of a mistrial early on and the dismissal of the jury mid-way verdict will be decided by Justice Carroccia alone. It is scheduled to be delivered on 24 July.
National Post
13-06-2025
- Sport
- National Post
Hockey Canada trial: Videos not evidence of complainant's consent, Crown argues
LONDON — Prosecutors in the sexual assault trial of five hockey players argue two videos in which the complainant says she's 'OK with this' and that 'it was all consensual' are not evidence that she actually consented to the sexual acts that took place inside a London, Ont., hotel room. Article content Prosecutor Meaghan Cunningham says the videos, taken about an hour apart in the early hours of June 19, 2018, did not constitute reasonable steps to determine whether the woman voluntarily consented to specific sexual acts with any specific person, but instead were 'token lip service box checking.' Article content Article content Cunningham says the woman was simply telling Michael McLeod what he wanted to hear, noting the player can be heard telling the woman to 'say it' at the start of the second video. Article content Article content The prosecutor argued that several men who were in the room testified they thought the woman was acting strangely that night but that no one attempted at any point to have a sincere conversation with her about what she wanted. Article content Michael McLeod, Carter Hart, Alex Formenton, 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. Article content Defence lawyers representing the players made their closing submissions to the judge earlier this week, focusing largely on the complainant's credibility and reliability as a witness. Article content Lawyers for McLeod, Hart, Formenton and Dube argued their clients had consensual sexual contact with the woman, while Foote's lawyer argued he didn't touch her, sexually or otherwise. Article content The Crown, which is expected to wrap its closing submissions today, argued Thursday that the complainant's actions should not be judged based on what others believe she should have done that night. Article content
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.
CTV News
11-06-2025
- Sport
- CTV News
Lawyers continue final pitches to judge in hockey players' sex assault trial
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 Defence lawyers are set to continue their final pitches to the judge today in the sexual assault trial of five former members of Canada's world junior hockey team. Court heard from lawyers representing two of the accused, Alex Formenton and Dillon Dube, on Tuesday, and Dube's lawyer is expected to finish her submissions today. Formenton's lawyer, Daniel Brown, argued the complainant's testimony about her state of mind that night is contradicted by video evidence and the accounts of other witnesses. The central issue at trial is whether the complainant consented to the sexual activity that took place in a London, Ont., hotel room in the early morning hours of June 19, 2018. Formenton, Dube, Michael McLeod, Carter Hart 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. Prosecutors will also make their final submissions to the judge after the defence. The trial began in late April and the judge is expected to deliver her ruling on July 24. 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.
