WARNING: This article references sexual assault and may affect those who have experienced sexual violence or know someone affected by it.
Five hockey players charged with sexual assault in a case dating back to 2018, when they were members of Canada’s gold-medal-winning world junior team, weren’t in court Thursday as pretrial legal arguments began in London, Ont.
Two days have been set aside this week in Ontario Superior Court for the legal arguments, with proceedings under a publication ban. Usually, accused individuals attend pretrial motions, but the men in this case — who’ve all had NHL careers — have been granted permission to not attend.
The charges are tied to an alleged group sexual assault of a woman in a player’s hotel room following a Hockey Canada Foundation gala and golf event on June 19, 2018. The identities of the woman as well as two witnesses are also protected under a publication ban.
At the time they were charged early this year, Michael McLeod and Cal Foote were with the New Jersey Devils, Dillon Dubé was with the Calgary Flames and Carter Hart was with the Philadelphia Flyers. Their NHL contracts expired in July. Former NHLer Alex Formenton was playing in Switzerland.
Recently, McLeod and Dubé signed contracts to play in the Russia-based Kontinental Hockey League (KHL).
“I think it’s a matter of public record that [Michael McLeod] is playing in the KHL, and so with the permission of the court, he’s playing overseas, and at least for today and tomorrow he will not be in attendance,” said lawyer David Humphrey, who is representing McLeod, outside of the courthouse in London, Ont., on Thursday.
The five are expected to plead not guilty and have requested a jury trial, which has been scheduled for September 2025.
They waived their right to a preliminary hearing, which has sped up the court process. There have been several court hearings since the players were charged, with their lawyers appearing on their behalf.
They face one count each of sexual assault; McLeod also faces one count of being party to the offence.
“He has always taken the position that he is not guilty of any wrongdoing,” said Humphrey. “He’s pleading not guilty. He will be very vigorously defending this case.”
Pretrial motions resolve legal issues
The pretrial motions will be heard by Superior Court Justice Bruce Thomas, who may or may not oversee next year’s trial.
Pretrial motions are a chance for defence and prosecution lawyers to work out legal issues related to the case, including which evidence will be admitted and if there are any constitutional challenges, said Cassandra Demelo, a criminal defence lawyer in London who is not affiliated with this case.
“Pretrial motions are normally the first step in a trial. They help determine certain issues that need to be vetted before the trial begins,” Demelo said. “There are three broad categories that they fall into, and the first one is about victim protection and trying to ensure that the system is as complainant friendly as possible.”
Thai Truong, the chief of police in London, Ont., apologized to E.M. for the lengthy investigation in a sexual assault case that took place in 2018, that allegedly involved five former Canadian world junior hockey players.
Lawyers might apply to have the complainant testify from a different room via closed-circuit television (CCTV), for example.
“Another type of pretrial motion is about what evidence can be used by the different parties, so all the parties know what is fair game at the trial.”
A third category is procedural, including arguments about whether the accused can sit at the same table as their lawyers, or whether there are Charter applications alleging that a process wasn’t properly followed by the police or the Crown.
“Pretrial motions help the trial itself be more focused and more tightly run,” Demelo said. “It gets some of the issues out of the way that are more contentious and it allows the parties to narrow in on and understand what they’ll be allowed to do or not allowed to do in the trial.”
They’re especially important when there are five defendants and five separate defence lawyers, which can prolong a trial, she added.
For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via this government of Canada website or the Ending Violence Association of Canada database. If you’re in immediate danger or fear for your safety or that of others around you, please call 911.