What to know as Hockey Canada sexual assault trial starts in London

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By: Jane Sims

LONDON, ONT. — The much-anticipated sexual assault trial of five players from the 2018 Canadian world junior hockey team is set to begin Tuesday.

With a Windsor judge presiding over the case, jury selection is slated to start at 10 a.m. at the London courthouse for a Superior Court of Justice trial that’s scheduled for eight weeks.

The charges are linked to a Hockey Canada gala in London in June 2018 to celebrate the team’s gold medal performance months earlier. London police investigated and closed the case in early 2019. Criminal charges were laid in January 2024 following a revived London police investigation.

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The complainant, whose identity is protected by court order, has alleged she was sexually assaulted in a room at the Delta Armouries downtown after meeting several men at a Richmond Row bar and then accompanying one of the men for consensual sex at the hotel.

All five men went on to National Hockey League careers. The four who were on NHL rosters at the time they were charged did not have their contracts renewed.

All five men are expected to plead not guilty.

The case has drawn international attention and it’s expected there will be a crush of media covering the proceedings.

PLAYERS AND CHARGES

• Michael McLeod, 27, is a forward from Mississauga who played five seasons with the NHL’s New Jersey Devils. He’s charged with sexual assault and sexual assault by being a party to the offence. He was the 12th overall draft pick by the Devils in 2016. His contract was not renewed after the 2024 season and he spent last year playing for Barys Astana of the Kontinental Hockey League in Russia.
• Alex Formenton, 25, a former star with the London Knights, is charged with sexual assault. He was playing in Switzerland before taking a leave in 2024 to face the charges. The Barrie native last played in the NHL for the Ottawa Senators in the 2021-22 season, but did not sign a new contract at season’s end.
• Cal Foote, 26, son of hall-of-famer Adam Foote, played for NHL teams in Tampa Bay, Nashville and New Jersey. He is charged with sexual assault. He most recently played for a top-tier team in Slovakia.
• Dillon Dube, 26, a Golden, B.C., native who played six seasons for the NHL’s Calgary Flames, spent last season playing for Dinamo Minsk in the Kontinental Hockey League. He’s charged with sexual assault.
• Carter Hart, 26, was a star goaltender with the NHL’s Philadelphia Flyers before he was charged with sexual assault. The Sherwood Park, Alberta, native did not play this year.

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WHAT TO EXPECT AT TRIAL

The trial is slated to last eight weeks. But given the unpredictability of trials, there’s a possibility it could last longer than this year’s NHL playoffs, which extend into late June.

The presiding judge is Windsor Superior Court Justice Maria Carroccia.

Generally, 12 jurors are chosen for Superior Court criminal trials. But if a juror can’t perform their duties, as few as 10 jurors can make the final decisions. Often for longer trials, judges may opt to add two more people to the jury and have 14 jurors. At the end of the trial, should 14 jurors remain, two will be excused through a random draw with the remaining 12 jurors taking part in deliberations.

A jury decision must be unanimous.

WHAT MUST JURY DECIDE?

Criminal trials have the highest standard of proof. The onus is placed on the Crown to prove its case “beyond a reasonable doubt.” The defence does not have to prove anything. Defendants are considered to be innocent until proven guilty.

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All trials include a definition of reasonable doubt for the jury to understand. A reasonable doubt is not one based on sympathy or prejudice but on “reason and common sense” with a logical connection to the evidence or the lack of evidence. The Supreme Court said that “proof of probable or likely guilt is not proof beyond a reasonable doubt.”

However, it is virtually impossible to prove a case to absolute certainty. Beyond a reasonable doubt is less than absolute certainty, but more than “probably” or “likely” guilty.

WHO WILL BE WATCHING?

It’s expected that the trial will draw media from across the country and beyond. Earlier court proceedings attracted American news outlets and major sports networks.

jsims@postmedia.com

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