Carter Hart took the stand on Thursday after Crown prosecutors wrapped up their case.Nicole Osborne/The Globe and Mail
Carter Hart, one of the five players from Canada’s 2018 world junior hockey team on trial for sexual assault, testified in his own defence Thursday, the first time the court has heard directly from one of the accused men in the high-profile case.
Mr. Hart, who had been a goalie with the NHL’s Philadelphia Flyers when he was charged in 2024, was the first witness the defence called after Crown prosecutors closed their case Thursday. By testifying, Mr. Hart opens himself to cross-examination by prosecutors.
A lawyer for one of the co-accused, Michael McLeod, told court that his client will not testify, noting that a video of Mr. McLeod’s 2018 interview with police has been entered into evidence. The other defence teams have not had an opportunity to say whether the remaining three players intend to testify.
Wearing a burgundy suit and a dark tie, Mr. Hart told the court that on the day of the alleged sex assault in London, Ont., in June, 2018, he received a text message and a follow-up phone call from his then-teammate Mr. McLeod, urging him to come to his hotel room if he wanted to be in a “three-way.”
Mr. Hart, who is now 26, told the court that while he can’t recall the exact words that Mr. McLeod used on the phone, “the gist of the conversation was that Mike was with a girl back at the hotel that wanted to have sex with some of the boys. Boys meaning some of my teammates.”
Defence lawyer Megan Savard, left, and Carter Hart in a courtroom sketch in London, Ont., on May 29.Alexandra Newbould/The Canadian Press
Under cross-examination by Mr. McLeod’s lawyer, David Humphrey, Mr. Hart clarified that he couldn’t recall who initiated the phone call.
Court heard that Mr. Hart arrived at the Delta Armouries hotel a little after 2:40 a.m. feeling very intoxicated. He headed for Mr. McLeod’s room – room 209 – and noticed other players were already inside.
At some point, he noticed the complainant, who is known publicly as E.M., on the hotel room floor on a bedsheet, masturbating and moaning. The woman began asking the men to have sex with her, Mr. Hart alleged in court.
“How are you feeling at the time?” asked Megan Savard, Mr. Hart’s lawyer.
“Pretty excited, I mean, I’m 19 years old and there was a naked girl in the room that was doing these things willingly. It was something I had never seen before,” Mr. Hart said. “I remember guys just kind of looking at each other like: Is this real?”
Mr. McLeod, Mr. Hart, Alex Formenton, Dillon Dubé and Cal Foote have each been charged with sexual assault in connection to the alleged attack on E.M. at the Delta Armouries hotel on June 19, 2018. Mr. McLeod faces a second charge of being a party to sexual assault. The men have pleaded not guilty.
London sergeant who led 2018 Hockey Canada case pressed on apparent gaps in probe
Excerpts from a video interview Michael McLeod gave to London police on Nov. 17, 2018. He is one of five former members of Canada’s 2018 world junior hockey team on trial for the alleged sexual assault of a woman in a London hotel room on June 19, 2018. The players have pleaded not guilty.
The Globe and Mail
On Thursday, Mr. Hart described the events on June 18 and 19, 2018, when he and his teammates were in London for a Hockey Canada gala, where their gold-medal win at that year’s world championship was honoured.
After the formal celebration, most of the team went out partying in downtown London, eventually ending up at Jack’s bar. This is where court has heard E.M. and Mr. McLeod met, although Mr. Hart testified he has no memory of any of his teammates getting close with a woman at Jack’s.
He received Mr. McLeod’s text message when he was outside, after leaving the bar, and then they spoke by phone.
Court has been shown a text message that Mr. McLeod sent to the team’s 19-person group chat, which read: “who wants to be in a 3 way quick. 209 – mikey.”
Mr. Hart wrote back shortly after: “I’m in.”
A screenshot of a group message chat alleged to include members of the 2018 Canadian world junior hockey team. Five members of the team are alleged to have sexually assaulted a woman known publicly as E.M. in London, Ont. in 2018. The redaction of names has been applied by the court.Ontario Superior Court of Justice
In the hotel room, when E.M. was allegedly asking players to engage in sexual activity, Mr. Hart said that his teammates were encouraging each other, “you do it or you do it,” he testified.
Mr. Hart said that in response to E.M.’s requests for sex, he told her he was not open to intercourse, but he asked for oral sex. The player testified that E.M. replied something to the effect of “yeah or sure” and then they moved toward each other. The oral sex lasted for less than a minute, Mr. Hart said, as he couldn’t become fully erect.
Mr. Hart also testified that he saw Mr. Formenton and E.M. walk to the bathroom together, where court has heard they had sex. They “held hands” on the way, Mr. Hart said, and E.M. appeared excited that a player was taking her up on the offer.
Court was shown a screenshot of a text that Mr. Hart sent that night to teammate Dante Fabbro: “Get to 209.” Mr. Hart said he messaged Mr. Fabbro because he knew that he – like Mr. Hart – was single. Mr. Fabbro is not accused of any wrongdoing and is not among the players the Crown has alleged came to the room.
Also during Mr. Hart’s testimony, the player described seeing Mr. Foote do the splits over top of E.M. but said Mr. Foote did not physically touch her.
Just prior to this happening, Mr. Hart said, players were saying, “Hey Footer, do the splits.” When it happened, Mr. Hart told the court, everyone thought this was “pretty funny,” including E.M., noting that he saw the complainant “laughing as well.”
Mr. Hart said he did not witness Mr. Dubé slap E.M.’s buttocks. (Crown witness Tyler Steenbergen – a former teammate who spent time in the hotel room, but who is not accused of wrongdoing – testified that he saw Mr. Dubé slap E.M. on the buttocks, saying it “wasn’t hard, but it didn’t seem soft either.”)
Under questioning from one of Mr. Formenton’s lawyers, Hilary Dudding, Mr. Hart was asked if he ever saw anyone acting disrespectfully toward E.M.
“If something like that would have happened, I would have stopped or I would have left,” he said.
Ms. Dudding asked if he ever saw anything degrading happening to E.M., including spitting on her.
“I never saw anything like that,” Mr. Hart said.
Earlier this month, E.M. spent nine days in the witness box laying out a different narrative of the night. She alleged that she was “shocked” when players began arriving at the hotel room, and said she went into “autopilot” as the men demanded sex acts.