Crown attorney Meaghan Cunningham speaks to media outside court in London, Ontario on July 24. The Crown on Thursday opted against an appeal, which would have required prosecutors to argue that Justice Carroccia erred in her ruling.Sammy Kogan/The Globe and Mail
The Crown has decided not to appeal the verdict in the Hockey Canada sexual-assault trial, after the five accused, all players on the 2018 world junior team, were found not guilty last month.
When the verdict was handed down in a London, Ont., courtroom July 24, Crown attorney Meaghan Cunningham said she would review the ruling by Justice Maria Carroccia before determining how to proceed.
Defence lawyer Daniel Brown, who represents Alex Formenton, one of the players, confirmed that the Crown notified him of its intention on Thursday.
A spokesperson for Ontario’s Ministry of the Attorney-General was not available to comment.
The Crown’s decision not to appeal brings to an end a legal saga that hung over the country for the past three years, putting Canada’s national winter sport under scrutiny and raising questions about cultural problems within the game.
When the allegations first came to light in 2022, Hockey Canada, the governing body for the sport, was accused by MPs of trying to cover up the controversy, leading to months of federal hearings. The organization’s chief executive officer and board of directors ultimately departed, while Hockey Canada introduced a series of sweeping governance changes.
The Hockey Canada sexual-assault trial is over, but conversations about the sport’s culture continue
The five players – Mr. Formenton, Michael McLeod, Carter Hart, Dillon Dubé and Cal Foote – were found not guilty of sexual assault after a two-month trial. Mr. McLeod faced a second charge of being a party to sexual assault and was also acquitted on that count.
The complainant in the case, known publicly as E.M. because her name is protected by a publication ban, alleged the men assaulted her in a London hotel room in June, 2018, after she met them at a bar earlier that evening. The players were in town for a gala honouring Canada’s world junior team from that year.
E.M. said she consented to sex with Mr. McLeod but alleged he later invited other players to the room without her consent, who then took turns assaulting her.
During a seven-day cross-examination at trial, E.M. was challenged by defence lawyers on her recollections of the night, including whether she was as intoxicated as she said and whether she consented to multiple sex acts.
In making her ruling, Justice Carroccia pointed to inconsistencies between E.M.’s previous statements to investigators and her testimony at trial. She said she could not rely on E.M.’s evidence.
Your questions about the Hockey Canada trial’s not-guilty verdict, answered
Several witnesses testified at the trial that they could not remember details from the night in question seven years ago, including players who were not charged but were present in the hotel room and later called to testify.
The Crown had sought to admit evidence contained in statements the players made to Hockey Canada during its own investigation of the allegations. But those records were deemed inadmissible by Justice Carroccia after defence lawyers argued the statements were coerced.
At the time, players were told by a Hockey Canada lawyer that they would not be allowed to play for the organization and could have their names publicized if they did not co-operate with its investigation.
When Justice Carroccia issued her verdict, the 91-page decision took more than four hours to read aloud in court. She concluded: “The Crown cannot meet its onus on any of the counts before me.”
The allegations became public in 2022 after Hockey Canada settled a civil lawsuit with E.M. on behalf of the organization and the players. The lawsuit was filed for $3.55-million, but the settlement amount remains unknown.
The Globe and Mail previously reported that Hockey Canada paid $2.85-million in legal settlements during its 2021-22 fiscal year, according to its financial statements. The records do not say how many claims were paid, but the figure shows that E.M.’s sexual-assault lawsuit was settled for less than the original claim.
The players, including several who were playing in the NHL at the time they were charged last year, remain suspended by the league pending further review. Hockey Canada has also suspended the players from its national team programs as it conducts its own process examining the incident.
With a report from Robyn Doolittle