Trial Highlights Consent and Culture in Hockey

WARNING: This article includes graphic details of alleged sexual assault and may affect those who have experienced sexual violence or know someone impacted by it.

No matter what the outcome is for the sexual assault trial involving five former world junior hockey players, the conversation it has sparked – regarding hockey culture, consent, and how the legal system addresses such claims – will continue long after the judge announces her decision today in London, Ont., say legal experts and advocates.

It’s anticipated that Superior Court Justice Maria Carroccia will provide extensive explanations for her verdicts following the eight-week trial that concluded in mid-June. Carter Hart, Alex Formenton, Dillon Dubé, Cal Foote, and Michael Mc Leod have all pleaded not guilty. The case revolves around a woman referred to as E. M. in court due to a standard publication ban; she testified that she was sexually assaulted over several hours in a hotel in London in June 2018.

The decisions will be “just one part of a much bigger story and saga around both the lives that are implicated in this particular case, but also how we deal with sexual assault in the criminal justice system, and how we deal with sexual assault in sport and in society in general,” said Melanie Randall, a law professor at London’s Western University.

“The case is really important and significant because it throws into stark relief so many bigger issues.”

Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart and Michael Mc Leod, left to right, were members of Canada’s 2018 world championship team. They were charged with sexual assault after the team was in London for a Hockey Canada gala. All five have pleaded not guilty. (Carlos Osorio/Reuters)

Carroccia will clarify her legal reasoning for her verdicts; this wouldn’t happen if jurors were making the decisions because jury deliberations are private in Canada, Randall noted.

“I’m really glad it’s a judge because we will hear her articulate a rationale for why she found what she did, and that’s really important.”

Each of the five accused men has been charged with one count of sexual assault; Mc Leod is facing an additional charge of being party to the offence for allegedly inviting his teammates to his hotel room for sex acts with E. M. without her knowledge or permission.

Case has Many Complex Aspects

Brandon Trask, an associate law professor at the University of Manitoba, describes this case as “an onion” with many layers extending from criminal issues to societal implications.

Brandon Trask, an associate professor in the University of Manitoba’s faculty of law, says the outcome of the trial ‘should be quite eye-opening for everybody about the culture related to hockey.’ (Warren Kay/CBC)

“Even if nobody ends up being found guilty, I don’t think any of those accused should feel proud about their actions,” Trask stated.

“This should be quite eye-opening for everybody about hockey culture. Collectively we need to say as a society that ‘We’re not going to accept this.’ It doesn’t hinge on whether these actions are ultimately considered criminal or not – they’re unacceptable.”

“Determining whether something is good or bad isn’t synonymous with determining whether it’s criminal or not. You can exhibit terrible behavior that isn’t proven criminal beyond reasonable doubt but remains unacceptable behavior.”

During this trial which began early April, defense teams rigorously questioned E. M.’s credibility over nine days as she testified. There was also a mistrial leading to two juries being discharged.

“It highlights just how incredibly difficult it is to prosecute cases involving sexual assault,” Randall remarked.

Trials represent an “uphill battle for complainants,” who encounter a system that “strongly protects rights of those accused,” according to her.

“It’s tough within an adversarial setup; it’s highly polarizing where you face everything all at once which creates resistance against admitting any kind of responsibility.”

Some have proposed establishing processes where those accused begin by recognizing wrongdoing – described by Randall as “a radical shift” from our current justice system. 

‘Consent Videos’ Raise Questions

In opening statements , Crown prosecutor Meaghan Cunningham stressed that everything hinges on understanding consent.

Among agreed facts is that E. M. initially had consensual sex with Mc Leod after drinking together at Jack’s bar.

E. M., however, testified that Mc Leod’s teammates came into his hotel room while she was naked without notifying her beforehand. She mentioned feeling pressured by them wanting certain things from her after they laid down a bed sheet on ground requesting her involvement while feeling afraid , stating she felt like separating mentally from reality.

WATCH | CBC’s Katie Nicholson breaks down what happened during the world juniors trial:

Hockey Canada Sexual Assault Trial RecapThe sexual assault trial involving five former world junior hockey players lasted three months before concluding with testimony from last witness. CBC’s Katie Nicholson summarizes key moments throughout testimonies.

E. M., aged 20 back then , also stated she never gave consent during various encounters including oral sex , vaginal intercourse , buttocks slapping along with splits performed over face allegedly by Foote when he exposed himself.

According to defense arguments , E. M.’s actions seemed encouraging towards men asking them sexually which led them responding differently than expected. Also recorded two videos post-encounters showing E. M. consenting verbally according to Mc Leod.

Nonetheless, E. M. expressed unawareness concerning these videos arguing legally such footage holds little value since “consent must occur alongside actual events taking place,”said Trask.

Discussions surrounding consent alongside toxic masculinity started earlier but became “reinvigorated”and intensified through high-profile cases like this one, Randall explained.

“It truly reveals persistent gender dynamics present within these situations, and furthermore highlights complex psychological responses people exhibit under threat.”

Need For More Education . Outside London courthouse supporters showed up almost daily advocatingfor E. M. However, some individuals also supported defendants involved here.<pdir=”lrt”. Despite this trial demonstrating some young men lacking awareness regarding power dynamics plus concepts relatedto consent, Katreena Scott, a directorof research&education dealingwithviolenceagainstwomen&children atthe Universityof Western Ontario highlightedissuesat play here.E, M. thecomplainant, gavehertestimonyovernine days viaanotherroomatcourthousewhileherimageappeared onscreeninthe maincourtroom.(Alexandra Newbould/CBC)

“Wehadagroupofyoungeguysalongsideoneyoungwoman. Herewe’relookingatagroupofyoungmenwhoessentiallyusedthatgirlasaobject,”Scott noted.“Whatstepsmustbetakentopromotemoresupportivesexualnormsandrelationshipsbetweenyoungmen&women? Thistrialraisesquestionsaboutwhatconstitutesrespectfulsexualinteractions?”

The spotlight fell onto Hockey Canada once allegations emerged late last year &reportedby TSN’s Rick Westheadin2022. The organization held funds fundedbyregistrationfeesto settleassaultclaimsincludingonefiledby E, M. followingclosureofthefirstpolice investigation.
A supporterof E. Minfront confrontinganindividualsupporting defendants outsidecourthouseon May16.(David Lao/)

This group comprises young men bonded closely through shared experiences &teamwork. Suchconnections grantthem influence &capabilities allowing anyoneamongthemtovoiceconcernsregarding appropriatenesswithinanygiven situation.“Whattypeof educationaretheyreceiving? Andwhichnorms giveyoungmenimpressionsthatbeingpartofa sportsorganizationprovides entitlements?”

Carroccia’sdecisionsareexpectedaround10 am ET.

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