Content warning: The following article discusses instances of gender-based and sexual violence.
A new trial for five former Canadian World Juniors hockey players charged in connection to the 2018 sexual assault of a woman in London began on Monday after a mistrial was declared last week.
The original trial began April 23 but after two days of procedural issues, Superior Court Justice Maria Carroccia declared a mistrial on April 25. A new jury was selected later that day to sit on the retrial.
The accused are former members of the Canadian World Juniors hockey team, who are charged with allegedly sexually assaulting a woman, then 20, in a London hotel room after attending a Hockey Canada gala earlier that evening.
Michael McLeod, 27, Dillon Dubé, 26, Cal Foote, 26, Carter Hart, 26 and Alexander Formenton, 25, are each charged with one count of sexual assault. McLeod also faces an additional charge of being party to an offence. They have all pleaded not guilty.
London police announced in February 2024 that the five men were arrested and charged with sexual assault. The men, who remained anonymous in the original statement of claim, were identified at this time.
Prior to being identified, Foote, McLeod, Dubé and Hart each played in the NHL. The accused are no longer active in Canadian or American hockey leagues. Dubé and McLeod continue to play for the Russian-based Kontinental Hockey League.
The incident is alleged to have taken place on June 18 and 19, 2018. The complainant, E.M., whose identity is protected by a court-ordered publication ban, filed a statement of claim with the Ontario Superior Court of Justice against Hockey Canada in April 2022. Hockey Canada settled out of court with the woman in May of that year.
In 2022, the House of Commons launched a probe into Hockey Canada’s involvement in alleged sexual assaults. Between 1989 and 2018, Hockey Canada paid out over $8.9 million in sexual abuse settlements.
According to proceedings, members of the 2018 World Juniors team attended Jack’s Bar on Richmond Row on the night of June 18, 2018 after the gala in celebration of their gold-medal victory at the World Juniors Ice Hockey Championships months earlier.
McLeod and the complainant engaged in sexual acts after returning to McLeod’s hotel room. The first act between E.M and McLeod is not being investigated as part of the trial.
Afterwards, McLeod is alleged to have invited other members of his team to the room without her knowledge, where each of the accused is alleged to have sexually assaulted the woman.
Monday’s proceedings began with an opening statement from Crown attorney Heather Donkers, who told the jury details of the case may defy their expectations about sexual assault.
“This is a cause about consent, and equally as important, this is a case about what is not consent,” said Donkers as she delivered opening statements to the jury on April 28. She added that jurors should not allow themselves “to be tempted by myths and stereotypes that are prevalent in society about how victims of sexual assault should behave.”
According to Donkers, the crown is expected to show evidence including text messages between members of the World Junior team, and between McLeod and the woman. Videos, including security camera footage and those taken of the complainant in McLeod’s hotel room following the alleged assault, will also be shown.
The jury heard testimony from two other former 2018 Team Canada World Juniors players, Taylor Raddysh and Boris Katchouk on Wednesday and Friday respectively, the London Free Press reported.
Raddysh and Katchouk have both played for the NHL — Raddysh is a current member of the Washington Capitals, and Katchouk is a former member of the Chicago Blackhawks and Ottawa Senators.
At the time of publication, the complainant, E.M., is testifying via closed-circuit television.
The jury of nine women and five men has been told the trial is expected to last up to eight weeks.