Alex Formenton arrives at court on Monday.Carlos Osorio/Reuters
The defence lawyer for Alex Formenton told court Tuesday that the complainant in the trial of five former world junior hockey players exaggerated her claims of being sexually assaulted in a hotel room in London, Ont., so that she could push for a financial settlement with Hockey Canada.
In closing arguments in the eight-week trial, defence lawyer Daniel Brown asserted the woman – known as E.M. because her name is protected by a publication ban – never thought the details of the night in question would be scrutinized later in criminal court.
When the first London police investigation in 2018 did not result in charges, Mr. Brown asserted that E.M. “doubled down” on her allegations in an effort to seek a financial settlement with Hockey Canada, which oversees the world junior hockey team.
The argument, put forward on the second day of closing submissions for the defence, was part of its framing of E.M. as a non-credible witness. On Monday, defence lawyer David Humphrey, who represents Michael McLeod, alleged E.M. concocted allegations of sexual assault out of regret and embarrassment for a night of drinking and sex with multiple players.
Mr. McLeod, Mr. Formenton, Carter Hart, Dillon Dubé and Cal Foote have each been charged with sexually assaulting E.M. in June, 2018, after a gala held to celebrate the world junior team from that year. Mr. McLeod faces a second charge of being a party to sexual assault. The five men have pleaded not guilty.
On Tuesday, Justice Maria Carroccia told the court she has scheduled July 24 as the date for her verdict.
Defence lawyer in Hockey Canada sex-assault trial asserts that accusations began as a ‘white lie’
E.M. met Mr. McLeod at a London bar after the gala and the two went back to his hotel room and had consensual sex. E.M. alleges she was intoxicated and that Mr. McLeod later invited several teammates to the room without her consent who then took turns sexually assaulting her. She said during earlier testimony that she feared for her safety in the room, and felt pressure to perform multiple sex acts.
But Mr. Brown alleged E.M. had a motive to escalate her claims when she served Hockey Canada with a lawsuit in 2018 for $3.55-million.
“She wants money, she wants a lot of money. She wants $3.5-million,” Mr. Brown told Justice Carroccia, in reference to the 2018 lawsuit.
“All this because she wants to create a story for Hockey Canada that she was coerced and forced into a sexual encounter.”
Hockey Canada settled the claim in less than a month for an undisclosed sum, without consulting the players. Justice Carroccia, in an exchange with one of the defence lawyers Monday, noted it was unusual for such a claim to be settled so quickly.
Closing arguments are now complete for four of the five players, excluding Mr. Foote, whose defence lawyer is expected to deliver submissions on Wednesday. After that, Crown attorney Meaghan Cunningham will deliver the prosecution’s closing arguments, presenting the other side of the case.
The trial of five former members of Canada’s 2018 world junior hockey team, who are accused of sexually assaulting a woman in a London, Ont., hotel room in 2018, has raised questions about how news organizations cover such cases. Robyn Doolittle answers reader questions with Standards Editor Sandra E. Martin. The accused players have all pleaded not guilty.
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Mr. Brown asserted E.M. became upset when police reopened the investigation after the alleged assault became public in 2022, when TSN reported on the legal settlement.
“She’s upset to hear that police are reopening the case,” Mr. Brown told the court. “She’s concerned that somebody’s going to scrutinize her story.”
The defence has argued that there are discrepancies in E.M.’s testimony, including her claims of being heavily intoxicated, which defence lawyers argue are contradicted by video footage from the bar and hotel lobby.
When E.M. was testifying at the trial about her intoxication, Mr. Brown said she knowingly understated her weight, saying she was 120 pounds, when she had recently reviewed medical records indicating she was 138 pounds at the time. She claimed to have slipped and fallen at the bar, when the video evidence showed she hadn’t, Mr. Brown said.
“I say that she didn’t just get things wrong, but she lied under oath,” Mr. Brown told Justice Carroccia.
On Tuesday, Megan Savard, defence lawyer for Mr. Hart, argued that E.M.’s testimony was selective, more resembling advocacy than a recounting of the events in question.
“It may be natural to exaggerate for effect,” or to leave out things, Ms. Savard said, criticizing E.M. for inserting “a list of talking points” into her testimony.
“It’s a good quality for an advocate but for a witness it’s a credibility issue,” Ms. Savard said.
Mr. Brown’s closing submissions mirrored his cross-examination of E.M. in early May, when she pushed back against similar assertions that her credibility was in question.
Former members of Canada's 2018 World Juniors hockey team, left to right, Alex Formenton, Cal Foote, Michael McLeod, Dillon Dubé and Carter Hart as they individually arrived to court in London, Ont., in April.Nicole Osborne/The Canadian Press
E.M. testified she recounted certain things incorrectly, including the extent to which she had purchased drinks for herself, and the fall. But she maintained just because some things she testified about weren’t captured on video, it didn’t mean those things never happened.
E.M. pushed back against Mr. Brown’s assertion that she was ashamed of the choices she’d made that night.
“I made the choice to dance with them. And drink at the bar,” she said. She did not make the choice “to have them do what they did,” E.M. said.
In similar fashion, the Crown has argued testimony from players in the hotel room contain inconsistencies and memory gaps that undermine the defence’s version of events.
Mr. Dubé is accused of slapping E.M.’s naked buttocks and hurting her, an action he did not mention to police during a 2018 interview when he said he received oral sex from her, which he said was consensual.
Former teammate Tyler Steenbergen, who is not accused of any wrongdoing, testified he witnessed the slap. During the trial, now-retired London police sergeant Stephen Newton said he forgot to ask Mr. Dubé while taking his statement if he had touched E.M.’s buttocks.
“We acknowledge that the statement does not include any reference to his touching of the buttocks,” Lisa Carnelos, Mr. Dubé’s defence lawyer, told Justice Carroccia. But that shouldn’t discount Mr. Dubé’s statement about the oral sex being consensual, she argued.
Send us your questions about the Hockey Canada trial
The weeks-long trial of five former Canada world junior hockey players accused of sexually assaulting a woman in a London, Ont., hotel in 2018 is nearly done, but the high-profile proceedings have raised many questions beyond what the judge's verdict will be. A mistrial and two dismissed juries made their own headlines, while emotional testimony from the complainant, E.M., and excluded evidence have prompted scrutiny of how Canada's beloved game and the justice system treats sexual-assault allegations.
Globe reporters have been in court every day reporting on the trial, and we want to hear your questions about the case. Submit your questions via the form below or send us an email at audience@globeandmail.com with "Hockey Canada" in the subject line.