NHL Says Five Players In Hockey Canada Trial Can’t Return For Now As Lawyers For E.M. And Accused React To Verdict
The complainant in the Hockey Canada sexual assault trial is disappointed with the not-guilty verdicts for all five of the accused but extends her gratitude for the support she’s received, her lawyer told reporters Thursday afternoon.
Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Cal Foote were found not guilty of sexual assault in London, Ont., court on Thursday. The complainant, referred to as E.M. due to a publication ban, alleged she was sexually assaulted in a London hotel room in June 2018.
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The presiding judge in the eight-week trial, Justice Maria Carroccia, said she did not find E.M.’s testimony reliable or credible, and the Crown did not prove the guilt of the men beyond a reasonable doubt.
The NHL released a statement Thursday evening, as each of the five players played in the league.
“The allegations made in this case, even if not determined to have been criminal, were very disturbing, and the behavior at issue was unacceptable,” the NHL’s statement said. “We will be reviewing and considering the judge’s findings. While we conduct that analysis and determine next steps, the players charged in this case are ineligible to play in the league.”
The NHLPA took issue with the NHL’s decision.
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“Dillon Dube, Cal Foote, Alex Formenton, Carter Hart and Michael McLeod were acquitted of all charges by Justice Carroccia of the Ontario Superior Court,” the NHLPA’s statement said. “After missing more than a full season of their respective NHL careers, they should now have the opportunity to return to work. The NHL’s declaration that the Players are ‘ineligible’ to play pending its further analysis of the Court’s findings is inconsistent with the discipline procedures set forth in the CBA. We are addressing this dispute with the League and will have no further comment at this time.”
All Five Former World Junior Players Found Not Guilty In Hockey Canada Sexual Assault Trial
E.M.’s lawyer, Karen Bellehumeur, was one of the lawyers providing statements outside the courthouse following the verdict, along with a Crown attorney and counsel for each of the accused men.
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Bellehumeur said her client did everything she could to recount her experience honestly and to the best of her ability, and the worst possible outcome is to feel disbelieved.
“It’s a gutting experience that no one deserves,” Bellehumeur told reporters. “That’s why today’s verdict is so devastating.”
Bellehumeur said there was nothing more E.M. could have done, and she called for reform that prioritizes “protecting survivors from unnecessary retraumatization and harm.”
Crown attorney Meaghan Cunningham thanked those who supported the complainant.
“We have received dozens of messages from people across Canada and abroad asking us to pass along these messages of thanks and support for E.M., and we’ve done so,” Cunningham said.
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The Crown will now have 30 days to file for an appeal in the matter, and Cunningham touched on this saying that the Crown will “carefully review Justice Carroccia’s decision” but said that the Crown had no further comments to make at the time.
The Hockey Canada sexual assault trial took place in Ontario Superior Court in London, Ont. (Anthony Fava)
Defense Lawyers React To The Acquittals
Defense lawyers representing each of the five accused men also provided statements, with the main sentiment being happiness that verdicts of not guilty were rendered but recognizing the effect the allegations and trial process had on the five accused.
McLeod’s lawyer, said the verdicts were a “resounding vindication” for the five men.
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“Justice Carroccia rejected E.M.’s claims of fear and her claims of non-consent,” said David Humphrey, McLeod’s lawyer. “That should be the takeaway from today’s judgement.
“The damage to Mr. McLeod’s reputation and his career has been significant, but today’s decision begins to restore what was very unfairly taken away from him.”
Alex Formenton’s lawyer said while the verdict was what was desired, the road to it had not been kind to the player.
“Notwithstanding Justice Carroccia’s unequivocal exoneration of Alex today, there will inevitably be those who will still believe he committed a crime. Nobody in Room 209 that night had emerged unscarred from this event,” Brown said. “The criminal court process is a bruising experience for everyone, but nevermore than when a case is high profile and incorporates such high stakes. In Alex’s case, he was condemned and felt banished from society. This experience for him has been crushing.”
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Carter Hart’s lawyer, Megan Savard, said the public narrative was one-sided and untested, but anyone familiar with the evidence shouldn’t be surprised with the judge’s conclusions. In other words, she said the not-guilty verdict was never in doubt.
“Almost every single feature of the evidence that Justice Carroccia identified today as fatal flaws for the Crown was known to prosecutors and to police from 2018,” Savard said. “Today’s outcome was not just predictable, it was predicted.”
Foote’s lawyer said this case dominated a large part of the player’s life and that he walked in and out of the trial as an innocent man.
“Cal never lost faith that justice would be done, despite the clamor of external pressures and agendas outside the courthouse doors,” Julianna Greenspan said. “Criminal investigations and the trial process must always be free from these influences.”
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Dube’s lawyer, Julie Santarossa, said the judge was thoughtful, methodical and principled in the way she engaged with the evidence.
“Her reasons reflect not only a command of the legal principles at stake but also a deep sense of responsibility in assessing the evidence, applying the law and demonstrating a strong commitment to justice,” Santarossa said.
London Police Chief Reacts
London Police Service chief Thai Truong also released a written statement acknowledging the verdicts. He noted there must be reasonable grounds to believe a crime has been committed to lay charges, not the higher threshold of proving their guilt beyond a reasonable doubt as is the case in court.
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“I commend the outstanding courage and strength shown by E.M. in coming forward and enduring this prolonged and difficult judicial process,” Truong said. “We remain committed to ensuring that survivors of sexual violence feel supported and safe when interacting with the London Police Service, recognizing the distinct impact trauma can have.”
He also said he’s determined to ensure there’s sensitivity, compassion and public safety when survivors come forward.
“This investigation has generated important conversations at both national and international levels about sexual violence, accountability, and systemic issues within institutions, including sport,” Truong said. “We see this as an opportunity to reflect, learn, and enhance our approach to investigating sexual violence, strengthening our training, and deepening partnerships with community organizations.”
Jonathan Tovell contributed to this report.
