RECAP | NHLer's memory of actions at bar, hotel questioned by defence at trial of ex-world junior teammates

Court has finished for the day, so we’re pausing our live updates for now.

Brett Howden is expected to finish testifying tomorrow. Then, we’ll begin hearing from Steve Newton, a retired London Police Service sergeant.

If you’re just getting here, scroll down to get caught up on how the day unfolded.

As ever, we know testimony throughout the trial has included details that can be difficult to read.

There are support services available. If you’re in immediate danger or fear for your safety or that of others around you, please call 911. For support in your area, you can look for crisis lines and local services via the Ending Violence Association of Canada database.

I asked Kelly why the defence has been able to ask Howden to respond to different theories and question him about his previous statements when the Crown has not been able to.

She said the rules of evidence and questioning in court mandate that counsel are not permitted to ask leading questions or to cross-examine their own witnesses, because when you call a witness, you're vouching for that individual’s reliability and credibility.

“They are supposed to be presenting to the court the truth of what they believe occurred or what they witnessed at a particular occasion,” Kelly said. “The opposing party, however, has wide latitude to challenge the credibility and reliability of that witness, including through leading questions, through an aggressive [cross-examination].”

Kelly said the Crown and defence have to “take witnesses as they come,” and this case is a reminder about why it’s so important for criminal cases to be tried in a timely fashion because evidence “deteriorates” over time.

According to defence lawyers watching this trial, Justice Carroccia’s decision this morning — that a key piece of evidence in the Crown’s case is not admissible — is a critical blow to the prosecution’s case against Dillon Dubé.

“The Crown has to prove beyond a reasonable doubt that Mr. Dubé was in fact the person who allegedly slapped E.M. without consent,” said Lisa M. Kelly, an associate professor in Queen’s University’s faculty of law, where she teaches criminal law and evidence.

“And if the Crown cannot satisfy the finder of fact, in this case the trial judge, beyond a reasonable doubt that Mr. Dubé was in fact the individual who used non-consensual force against the complainant, the rightful legal outcome should be an acquittal.”

Kelly says if one of the defence lawyers can raise reasonable doubt that the complainant was consenting to a particular sex act — or asking to perform sex acts — it would benefit all of the accused men, although she says Canadian law requires an individual to consent at the time of each independent sex act.

Greenspan asks Howden how many times he sees himself, in the video, slapping E.M. on the buttocks.

“Couple of times? A few times?” Greenspan asks.

Howden says he only sees one butt slap. He again blushes as he answers, and seems somewhat flustered.

“Let’s play it again,” Greenspan says.

People in the courtroom are focused on the dance floor in the video, which seems to show three butt slaps.

Howden still says he only sees one slap. Greenspan plays the video for a third time.

“I personally don’t think it was a few times,” Howden says.

Greenspan suggests it was “a few times.” The video appears to show Howden patting her butt three times.

Greenspan tells Howden he “failed to mention this” butt slapping to Hockey Canada in 2018 or 2023, or to police in 2023.

“I don’t even remember that happening,” Howden says.

With that, court has wrapped up for the day. Howden is dismissed and will continue his testimony Tuesday morning.

Greenspan shows a video of E.M. dancing between McLeod and Howden on the crowded dance floor at Jack’s bar.

Howden tells court he didn’t know the video existed until trial preparation with the Crown on April 4, 2025, in Calgary.

In the video, a petite E.M. is sandwiched between McLeod and Howden, facing McLeod. All three are dancing closely together. At one point, Howden and McLeod sort of put their arms around each other, further dwarfing E.M.

Greenspan asks Howden if he sees that E.M.’s back is up against Howden’s chest, and that she and Howden are “grinding together while dancing,” and “she is up against in front of you” and “moving up and down while continuing to face” McLeod.

He blushes as he says he does see it.

Greenspan asks what he sees at the end of the clip, before he walks away from McLeod and E.M.

“I pat her on the butt,” Howden says.

Greenspan plays the video further — Foote jumps up after doing the splits on the dance floor, and then Howden attempts the move.

Howden goes into a crouch, comes back up and can’t do the splits, then tries again.

The men on the dance floor appear to be having fun, slapping each other playfully, Greenspan says. Howden agrees.

Greenspan reiterates Foote doing the splits is just a fun party trick that is impressive.

Howden isn’t sure he’d ever seen Foote do the splits before that night, but agrees it’s an impressive feat.

The final defence lawyer, Julianna Greenspan, who represents Cal Foote, starts cross-examination of Howden.

Greenspan asks Howden if he remembers Foote doing the spits on the dance floor at Jack’s bar on that June 2018 night in question.

Howden says he does remember that.

Foote is accused of doing the splits while naked overtop of E.M.’s face without her permission while she was lying on the hotel room’s floor.

Greenspan plays a video from Jack’s that is black and white, with strobe lights, and you can sort of see Howden clearing room on the dance floor, pushing people back, and then Foote doing the splits.

Carnelos asks Howden if he knew Dubé was good friends with the son of Scott Salmond, Hockey Canada’s vice-president of hockey operations.

Howden says he did know that.

Carnelos asks if Howden remembers that Dubé wanted to talk to Salmond first because he “owed it to him.” Howden responds that’s something he doesn’t remember.

Carnelos suggests Dubé wanted to talk to Salmond and Bullock or other Hockey Canada investigators himself so he could tell his own story.

Howden agrees Dubé hasn’t contacted him or spoken to him since that group text message on June 26, 2018.

Carnelos has now finished her cross-examination.

As court heard previously, Dubé called Howden in late June 2018 and told Howden to keep his name out of any statement to Hockey Canada investigators.

Howden doesn’t remember the phone call lasting very long, but agrees they likely talked about calling Shawn Bullock, the Hockey Canada executive who was the general manager of the 2018 world junior team.

“F–k if we just call Bullock and tell him everything, this probably doesn’t have to happen,” Howden told Dubé in a text message.

Howden testifies he meant that if Bullock saw the “consent” video McLeod took, there likely wouldn’t be an investigation.

But later, Howden says, he realized this was more serious and would require more than just a conversation with Bullock.

The break has ended and Carnelos continues to cross-examine Howden.