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An Ontario Superior Court justice today found five members of Canada’s 2018 world junior hockey team not guilty of sexual assault charges, ending an eight-week trial that captured national attention and prompted widespread debate on sexual assault, hockey culture and the legal definition of consent.
Justice Maria Carroccia found all of the accused men not guilty. She went through each of their names in court, one after the other: Carter Hart, Alex Formenton, Cal Foote, Dillon Dubé and Michael McLeod.
In each, she said the Crown had failed to prove beyond a reasonable doubt that the complainant in the case had not consented to the sexual activity that took place in a room on the second floor of a London, Ont., hotel in June 2018.
For hours, Carroccia detailed scores of evidence she heard over the course of the trial. She took numerous issues with the reliability and credibility of the evidence provided by the complainant, known as E.M., in her marathon nine days in the witness box.
The judge noted gaps in E.M.’s memory and discrepancies between her statements to London police and her civil settlement in 2022 compared to her recollections under cross-examination. She said E.M. had “exaggerated her intoxication” on the night in question and rejected the Crown’s argument that E.M. had only participated in the sexual activity on “auto pilot” because she was afraid of the men she did not know outnumbering her in a hotel room.
“I do not find the evidence of E.M. credible or reliable,” Carrocia told the court. “Considering the evidence in this trial as a whole, I conclude that the Crown cannot meet its onus on any of the counts.”
Defence lawyers called the ruling a “vindication,” “exoneration” and foregone conclusion based on the evidence. The accused maintained it was E.M. who instigated the group sexual activity, encouraging the men and mocking them if they did not participate.
In a statement, E.M. said the judge’s decision was devastating. The Crown has 30 days to appeal.
We will continue to cover the case on cbc.ca/news. You can find all of our online reporting on the trial here.
The trial included details that could be difficult to read. For support in your area, you can look for crisis lines and local services on the Ending Sexual Violence Association of Canada database.
If you’re in immediate danger or fear for your safety or that of others around you, please call 911.