The courtroom is shown in this sketch from London, Ont., as Justice Maria Carroccia delivers her ruling in the Hockey Canada sexual-assault trial, on Thursday.Alexandra Newbould/The Canadian Press
The five former Canadian world junior hockey players acquitted of sexual-assault charges may hope to return to their professional careers in North America after the conclusion of their criminal trial, but they still face some significant hurdles and the possibility of sanctions.
On Thursday, both the National Hockey League and Hockey Canada indicated that they were in no rush to welcome the players back into the fold.
“The allegations made in this case, even if not determined to have been criminal, were very disturbing and the behaviour at issue was unacceptable,” the NHL said in a statement e-mailed to The Globe and Mail. “We will be reviewing and considering the judge’s findings. While we conduct that analysis and determine next steps, the players charged in this case are ineligible to play in the league.”
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Read the judge’s full decision in Hockey Canada sexual-assault trial
The NHL Players’ Association blasted the league’s position in a statement sent to The Globe.
“Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart and Michael McLeod were acquitted of all charges by Justice Carroccia of the Ontario Superior Court. After missing more than a full season of their respective NHL careers, they should now have the opportunity to return to work,” the statement said.
“The NHL’s declaration that the players are ‘ineligible’ to play pending its further analysis of the court’s findings is inconsistent with the discipline procedures set forth in the CBA,” the statement continued, referring to the Collective Bargaining Agreement. “We are addressing this dispute with the league and will have no further comment at this time."
NHL Commissioner Gary Bettman has been unsparing in his denunciation of the alleged behaviour – calling it “abhorrent, reprehensible, horrific, and unacceptable” – and has repeatedly insisted it is not reflective of the league’s culture.
The standard NHL contract includes a clause that requires a player “to conduct himself on and off the rink according to the highest standards of honesty, morality, fair play and sportsmanship, and to refrain from conduct detrimental to the best interest of the club, the league or professional hockey generally.”
The NHL commissioned an investigation into the five players in the summer of 2022, which wrapped up about a year later.
In February, 2024, Mr. Bettman said the NHL had been working with its players association to determine how to proceed when word came down that criminal charges were pending, and the process was suspended.
The NHL granted leaves of absence to the four players in the league who were charged. Mr. Bettman said he did not believe it was necessary at that time to suspend them, given that they were no longer with their clubs. He acknowledged that the players were still being paid until the end of that season, at which point they would all be free agents.
Hockey Canada noted in a statement issued after the court’s decision on Thursday that the players still face the conclusion of a process to determine whether any or all of them breached the organization’s code of conduct, which could result in sanctions.
Last fall, an independent appeal board hearing the matter suspended its proceeding until the conclusion of the criminal trial. On Thursday, Hockey Canada said: “To ensure that we do not interfere with the integrity of the ongoing appeal of the independent adjudicative panel’s report, we are not able to comment further at this time.”
Adam van Koeverden, the federal Secretary of State for Sport, said Thursday evening in a statement on social media that “important progress has been made at Hockey Canada.”
”It is critical that this work on safe sport continues across the sport system, because we know that when safeguards are weak or absent, real harm occurs," he added.
Hours before Justice Maria Carroccia began reading her decision, a spokesperson for Avangard Omsk, the Kontinental Hockey League team based in Omsk, Russia, for which Michael McLeod played last season, told The Globe that the club had been closely monitoring the situation “from day one” and remained in constant contact with his representatives.
“It’s no secret that, should the court issue a favourable ruling, Avangard would be interested in having Michael continue playing for the [Avangard] hawks,” said Tatiana Kozlova, adding that he’s a highly skilled player who has gained no small fanbase in Omsk.
Four of the five men had been playing in the NHL prior to the police laying charges. Mr. Dubé was a member of the Calgary Flames, Mr. Hart was with the Philadelphia Flyers, and Mr. McLeod and Mr. Foote were playing for the New Jersey Devils. Mr. Formenton was playing for the Swiss club HC Ambri-Piotta, but had previously been with the Ottawa Senators.
Mr. Bettman said in February, 2024, that he would advise them to “focus on defending themselves,” adding that he “would be surprised if they’re playing while this is pending.”
In addition to Mr. McLeod, Mr. Dubé was also playing in the KHL, for HC Dinamo Minsk.
With reports from Marty Klinkenberg and Mariya Postelnyak