RECAP | All 5 former Hockey Canada players found not guilty of sexual assault

An Ontario Superior Court justice today found five members of Canada’s 2018 world junior hockey team not guilty of sexual assault charges, ending an eight-week trial that captured national attention and prompted widespread debate on sexual assault, hockey culture and the legal definition of consent.

Justice Maria Carroccia found all of the accused men not guilty. She went through each of their names in court, one after the other: Carter Hart, Alex Formenton, Cal Foote, Dillon Dubé and Michael McLeod.

In each, she said the Crown had failed to prove beyond a reasonable doubt that the complainant in the case had not consented to the sexual activity that took place in a room on the second floor of a London, Ont., hotel in June 2018.

For hours, Carroccia detailed scores of evidence she heard over the course of the trial. She took numerous issues with the reliability and credibility of the evidence provided by the complainant, known as E.M., in her marathon nine days in the witness box.

The judge noted gaps in E.M.’s memory and discrepancies between her statements to London police and her civil settlement in 2022 compared to her recollections under cross-examination. She said E.M. had “exaggerated her intoxication” on the night in question and rejected the Crown’s argument that E.M. had only participated in the sexual activity on “auto pilot” because she was afraid of the men she did not know outnumbering her in a hotel room.

"I do not find the evidence of E.M. credible or reliable,” Carrocia told the court. "Considering the evidence in this trial as a whole, I conclude that the Crown cannot meet its onus on any of the counts.”

Defence lawyers called the ruling a “vindication,” “exoneration” and foregone conclusion based on the evidence. The accused maintained it was E.M. who instigated the group sexual activity, encouraging the men and mocking them if they did not participate.

In a statement, E.M. said the judge’s decision was devastating. The Crown has 30 days to appeal.

We will continue to cover the case on cbc.ca/news. You can find all of our online reporting on the trial here.

The trial included details that could be difficult to read. For support in your area, you can look for crisis lines and local services on the Ending Sexual 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.

The London Police Service issued a statement from Chief Thai Truong after the not guilty findings.

“I commend the outstanding courage and strength shown by E.M. in coming forward and enduring this prolonged and difficult judicial process,” Truong wrote. “We remain committed to ensuring that survivors of sexual violence feel supported and safe when interacting with the London Police Service, recognizing the distinct impact trauma can have.”

London police initially closed its investigation into E.M.’s case in 2019, citing insufficient evidence. The department reopened the case after Hockey Canada’s civil settlement in 2022, laying charges a little less than two years later.

The statement said incidents of sexual violence are still underreported to the police, “often because survivors may fear or experience additional trauma within the justice process itself.”

It also noted the investigation into the world junior hockey case has generated “important conversations at both national and international levels about sexual violence, accountability, and systemic issues within institutions, including sport.”

The legal team representing Cal Foote said this case has dominated a “significant part” of their client’s adult life — from age 19 in 2018 to 26 today.

“At the start of this trial, Cal Foote walked into this courthouse an innocent man and he walks out today exactly that,” says Julianna Greenspan. “Cal never lost faith that justice would be done, despite the clamour of external pressures and agendas outside the courthouse doors. Criminal investigations and the trial process must always be free from these influences.

“On behalf of Cal and his family, we appreciate the court’s careful and thorough consideration and for the just verdict delivered today.”

Dubé’s lawyer is the fourth defence lawyer to speak.

“This decision comes as a result of careful deliberation by Her Honour. She engaged with the evidence in a thoughtful, methodical and principled manner,” says Julie Santarossa. “Her reasons reflect not only a command of the legal principles at stake, but also a deep sense of responsibility in assessing the evidence, applying the law and demonstrating a strong commitment to justice.

“Mr. Dubé has always maintained his innocence. He is thankful for all of the unwavering support from his friends and family, who have also believed in him.”

Alex Formenton’s lawyer, Daniel Brown, characterized Carroccia’s decision as an “unequivocal exoneration” of his client after seven years living under “a dark cloud.”

“Alex’s face has appeared on millions of screens and newspaper pages, and there could be little doubt that an untold number of people out there believed he was guilty simply because he was accused of a crime, long before any evidence was presented in court,” Brown said outside the courthouse.

“This rush to judgment, to believe the worst of people, is one of the most regrettable of human traits. So too is our reluctance to change that opinion, even when it’s proven wrong after a full and fair trial.”

Megan Savard, who represents Carter Hart, also came out to speak.

She criticized prosecutors for bringing this case to trial, and said the outcome shouldn’t be a surprise to anyone familiar with the evidence and said there were “weaknesses” in the prosecution’s case.

“It is both gratifying and unsurprising to hear an impartial and fully informed decision-maker accept Mr. Hart’s testimony about what happened … as unshaken, credible and true,” Savard said.

“The public narrative of this event was, until this trial, one-sided and untested. Now the criminal process has shown it to be false,” she said.

“The Crown attorney’s office did not have to take this case to trial. Instead of pursuing restorative justice, the Crown forced a distressing and unfair trial to the detriment of Mr. Hart, his co-accused, the complainant and the Canadian public.”

David Humphrey, lawyer for Michael McLeod, says his client welcomes the decisions as a “resounding vindication” both personally and for his former teammates.

Humphrey said E.M.’s civil lawsuit in 2022 has shaped the public narrative around this case for years, with the settlement decision made unilaterally without the players’ knowledge.

The men have said they only found out about Hockey Canada’s settlement with E.M. after the deal was done.

“Had they been consulted, they would’ve refused to settle and vigorously contested E.M.’s allegations,” Humphrey said.

“That version of events created a false impression of guilt. It was only through this criminal trial that the allegations were fully and finally tested.”

He declines to take questions because this could be an “endless process,” alluding to the potential for an appeal.

Karen Bellehumeur, E.M.’s lawyer, also made a statement outside court after speaking with her client.

“She’s obviously very disappointed with the verdict and very disappointed with Her Honour’s assessment of her honesty and reliability. She’s really never experienced not being believed like this before," Bellehumeur said.

The lawyer also described the treatment toward E.M. during cross-examination as insulting, mocking and unfair.

Within 20 minutes of court clearing, assistant Crown attorney Meaghan Cunningham was outside addressing the media. After she spoke, supporters of E.M. who were still outside the courthouse were cheering.

Although all five former world junior hockey players were found not guilty by the judge, Cunningham stressed that the Crown wanted to see a fair trial, for both the complainant and the five accused men.

“A successful prosecution is not measured solely by whether or not there are guilty verdicts at the end,” she said.

“A fair trial is one where decisions are made based on the evidence and the law, not stereotypes and assumptions, and where the trial process respects the security, equality and privacy rights of the victim as well as the persons charged.”

Cunningham also thanked E.M. for coming forward, and said dozens of messages of support have been forwarded to the complainant.

The Crown will “carefully review” Carroccia’s decisions, but Cunningham said prosecutors won’t have any further comments "as this case is still within the appeal period."

Court is now adjourned.

The men did not initially react as Carroccia was ruling “not guilty” on each count. Then there were fist pumps and hugs among the accused men, and their family members and lawyers.

The Crown and E.M.’s lawyer are expected to speak in about half an hour outside the courthouse, and defence lawyers are expected to make statements in about an hour.

We will be back on this page covering their remarks.