Cal Foote arrives at the courthouse in London, Ont., on May 16, 2025.Nicole Osborne/The Globe and Mail
A defence lawyer representing one of five former members of Canada’s world junior hockey team on trial for an alleged 2018 sexual assault asserted in court on Tuesday that Hockey Canada was on a “rampage” to get players to divulge details about the night in question during an internal investigation three years ago.
Juliana Greenspan, who is representing Cal Foote, criticized Hockey Canada’s investigation while cross-examining Tyler Steenbergen, a former member of the 2018 world junior team who is not accused of criminal wrongdoing. Mr. Steenbergen was testifying as a Crown witness about the alleged assault of a woman in a downtown London, Ont., hotel in June 2018, following a night of drinking and dancing at a local bar.
He was also among the players from the world junior team who gave statements to Toronto lawyer Danielle Robitaille, who was hired by Hockey Canada to investigate the sexual assault allegations after media reports that the organization had settled a lawsuit filed by the complainant. (The lawsuit was settled without the players’ knowledge.)
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On Tuesday, Ms. Greenspan noted that Hockey Canada was under enormous pressure to get statements from players in light of the settlement.
Ms. Greenspan asked: “You might have felt that Hockey Canada was on a bit of a rampage to try to secure information from you. Is that fair?”
Mr. Steenbergen replied: “Yes.”
Ms. Greenspan continued: “Is it fair to say that you felt like Ms. Robitaille was trying to push you to confirm certain things during that meeting? … Is it fair to say [the notes] do not accurately reflect what it is that was actually said?”
He answered: “I believe certain parts definitely don’t.”
Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Mr. Foote are each accused of sexually assaulting a woman, who can only be identified as E.M. due to a publication ban, in the hotel room. Mr. McLeod faces a second charge of being a party to sexual assault. The men have all pleaded not guilty and the trial is expected to continue in London for several more weeks.
The judge hearing the case, Justice Maria Carroccia, won‘t be able to consider statements three of the accused players – Mr. McLeod, Mr. Formenton and Mr. Dubé – gave in 2022 to Ms. Robitaille, which were ruled inadmissible during pre-trial motions.
A different judge hearing pre-trial motions ruled that the way Ms. Robitaille and Hockey Canada obtained the players’ statements – by threatening them with a lifetime ban and publicity if they didn‘t co-operate – was coercive and that allowing them into evidence would violate the players’ fair trial rights. The judge noted Hockey Canada had told police it would waive solicitor-client privilege, and once the organization received a request from police to hand over its investigative file, Ms. Robitaille cancelled interviews in 2022 with Mr. Hart and Mr. Foote.
While on the stand, Mr. Steenbergen has had access to notes from a statement he gave to Ms. Robitaille. The statement has not been filed in court.
Mr. Steenbergen testified last week that Mr. Foote called him a week after the alleged sexual assault.
“Cal called me,” Mr. Steenbergen said last Thursday, adding Mr. Foote told him to “just not say what he did.”
Court has heard that Mr. Foote did the splits over E.M.’s face. She alleged that his genitals grazed her face, however, Ms. Greenspan has denied this, saying that he was wearing clothes at the time.
Mr. Steenbergen’s evidence at trial was he was confused about the call he said he received from Mr. Foote in 2018, because he said that he did not fully see Mr. Foote do the splits nor remember whether he was wearing clothes.
Ms. Greenspan suggested that the notes from Mr. Steenbergen’s 2022 Hockey Canada interview that he had been relying on during his testimony about the call were inaccurate.
“You’re having this meeting in 2022 and these suggestions are being made to you,” Ms. Greenspan said. “Could it be possible that you are mistaken?”
Mr. Steenbergen replied that it was possible, but said he was “pretty sure” the call occurred.
“I don’t know the exact content of that call,” he said.
The trial continues this afternoon with testimony from Brett Howden, another former member of the 2018 world junior team who is not accused of criminal wrongdoing.