Hockey Sexual Assault Trial: How we got here and what’s next

NHL
Composite image showing former members of Canada`s 2018 World Juniors hockey team arriving in court: Alex Formenton, Cal Foote, Michael McLeod, Dillon Dube, and Carter Hart.
Composite image showing former members of Canada`s 2018 World Juniors hockey team arriving in court: Alex Formenton, Cal Foote, Michael McLeod, Dillon Dube, and Carter Hart. (Nicole Osborne/CP)

Content warning: This story includes allegations of sexual assault.

After seven significant weeks in court, the prosecution and defense have concluded presenting evidence and calling witnesses in the trial concerning a 2018 sexual assault case involving five former NHL players in London, Ontario.

The legal teams for the five accused individuals are scheduled to begin presenting their closing arguments on June 9. Ahead of this crucial phase of the trial, it`s important to review the key events that have transpired to reach this point and understand what is anticipated to happen next.

Timeline of Events

JUNE 2018

June 17-19: Members of the Canadian world junior men’s and sledge hockey teams gather in London, Ontario, for a celebratory gala after winning gold medals.

June 18-19: An alleged sexual assault of E.M., the complainant, occurs in Room 209 at the Delta Armouries hotel in London. A publication ban protects E.M.`s identity.

June 19: E.M.`s mother and her partner contact both the London Police Service and Hockey Canada to report an incident at the Delta Armouries. Glen McCurdie, then Hockey Canada’s vice-president of insurance and risk management, contacts lawyer Danielle Robitaille. McCurdie also reports the incident to the London police.

June 22: London Police Service Detective Stephen Newton interviews E.M.

June 30-July 11: Robitaille conducts interviews with 10 out of the 19 players from the 2018 world juniors team as part of her investigation.

Sept. 14: While awaiting E.M.’s participation, Robitaille submits an “interim report” to Hockey Canada.

Nov. 17: Det. Newton interviews Michael McLeod in person.

Nov. 24: Newton interviews Alex Formenton in person.

Dec. 18: Newton interviews Dillon Dube via conference call.

FEBRUARY 2019

Feb. 7: Det. Newton closes the London Police Service investigation, determining there are insufficient grounds to lay charges.

SEPTEMBER 2020

Robitaille concludes her investigation for Hockey Canada.

APRIL 2022

April 20: A settlement of claim is filed with the Ontario Superior Court of Justice, seeking $3.55 million in damages for the plaintiff. Hockey Canada, the Canadian Hockey League, and eight unnamed “John Doe” players are named in the suit.

MAY 2022

May 26: A report by TSN’s Rick Westhead reveals Hockey Canada had settled a civil lawsuit with a woman alleging sexual assault by eight men, including members of the 2018 Canadian men’s world junior team, following an event in London honouring the team in June 2018. The National Hockey League initiates its own investigation into the incident.

JUNE 2022

June 20: A Parliamentary committee begins hearings into Hockey Canada’s operations and its handling of the incident. Executives Tom Renney and Scott Smith provide testimony.

June 22: Minister of Sport Pascale St-Onge suspends Hockey Canada’s federal funding.

JULY 2022

July 14: Hockey Canada, through Robitaille, reopens its investigation and mandates that all players from the 2018 team must cooperate or face potential bans from future sanctioned events.

July 18: The Canadian Press reports that Hockey Canada had been using minor hockey registration fees to fund an account for uninsured liabilities, including claims related to sexual assault.

July 19: Hockey Canada announces it will cease using the fund for such claims.

July 22: The London Police Service reopens its investigation, with Det. Lyndsey Ryan appointed as the new lead investigator. Police also state they are investigating allegations of a group sexual assault by Canadian world junior players at the 2003 tournament in Halifax; that investigation remains ongoing.

July 26: Robitaille testifies before the Parliamentary committee that E.M. agreed to participate in the reopened investigation. Robitaille does not disclose the identities of the eight John Does.

July 27: Smith informs the Parliamentary committee that Hockey Canada had paid out $8.9 million to settle 21 sexual misconduct lawsuits. In the days that follow, numerous sponsors pause or terminate their sponsorships with Hockey Canada.

OCTOBER 2022

Oct. 1-18: Robitaille interviews McLeod, Dube, and Formenton.

Oct. 13: Smith resigns from his position as CEO, and Hockey Canada’s entire board of directors steps down.

NOVEMBER 2022

Robitaille submits her second completed report to Hockey Canada; this report has not been made public.

JULY 2023

July 4: Katherine Henderson, former CEO of Curling Canada, is named the new CEO and president of Hockey Canada.

NOVEMBER 2023

Nov. 14: Hockey Canada states it is appealing the findings of Robitaille’s report.

JANUARY 2024

Jan. 28, 30: The players are charged. McLeod faces two counts of sexual assault from the LPS, including one for aiding in the offense. Dube, Formenton, Cal Foote, and Carter Hart are each charged with one count of sexual assault.

FEBRUARY 2024

Feb. 2: The NHL concludes its investigation. Both NHL commissioner Gary Bettman and NHLPA executive director Marty Walsh indicate they will await the outcome of the criminal proceedings before deciding on any further action.

Feb. 5: London Police Service chief Thai Truong issues an apology to E.M. during a media conference “for the amount of time that it has taken” to lay charges.

NOVEMBER 2024

Nov. 28: Justice Bruce Thomas, who oversaw pre-trial matters, rules the second Hockey Canada investigation report, which included interviews with the players and E.M. conducted by Robitaille, is inadmissible for the trial.

APRIL 2025

Justice Maria Carroccia, a former defence attorney from Windsor, Ontario, is assigned as the trial judge.

April 22: The trial commences. Charges are read in court to the accused, who all plead not guilty. Jury selection begins.

April 25: Justice Carroccia declares a mistrial just one day into proceedings, citing concerns about jury tainting after a defense lawyer and a juror encountered each other at a market during a break.

April 28: The trial restarts with a new jury.

April 30: Text messages from a group chat involving players in Room 209 during the alleged assault in June 2018 are presented as evidence. Noteworthy texts include McLeod asking, “Who wants to be in a 3 way quick” signed “209- mikey.”

April 30: Taylor Raddysh, the first team member to testify via Zoom, states he was only briefly in the room and has no recollection of what he saw.

MAY 2025

May 2: Boris Katchouk testifies via Zoom, saying he was in Room 209 for a few minutes and did not speak to a woman lying on a bed before leaving.

May 2: E.M. begins her testimony via CCTV. Over nine days, she recounts consuming 12 alcoholic drinks the night of the incident.

May 5: E.M. testifies that following consensual sex with McLeod, she was sexually assaulted and felt threatened by the number of players in the room. She mentions players discussing sexually assaulting her with a golf club. She also states she doesn`t recall recording two cellphone videos where she appears to consent, saying, “I’m saying what they’re wanting me to say. … I don’t think it reflected how I was feeling.”

May 7: E.M. testifies she was not a willing participant, feeling completely disconnected from her body and numb. After intense cross-examination by Hart’s lawyer, E.M. becomes emotional and cries.

May 14: On her final day of testimony, E.M. states her understanding during the civil lawsuit process was that no players’ names would be made public.

May 14-17: Former player Tyler Steenbergen testifies that Foote and Dube each called him separately, asking him not to disclose to Hockey Canada investigators what he witnessed on June 19, 2018. Steenbergen says he “partially” saw Foote do the splits over E.M. and Dube slap her buttocks, noting it wasn’t gentle but also not excessively hard.

May 16: The second jury is dismissed after a juror sends a note to Justice Carroccia alleging members of the Formenton defense team were mocking jurors. The defense successfully argues for the trial to continue as judge-only.

May 20-22: Brett Howden testifies via Zoom. His memory is repeatedly challenged by the Crown, leading to him being treated effectively as a hostile witness. Howden cries during questioning by defense lawyer Lisa Carnelos about discussing the incident with his then-girlfriend, now wife.

May 26: Justice Carroccia rules for the second time in two days that text messages between Howden and Raddysh are inadmissible. These texts reportedly included Howden telling Raddysh he saw Dube hitting the woman’s buttocks hard enough that it appeared painful.

May 27: Howden concludes his testimony, denying to defense lawyer Julianna Greenspan that he attempted to minimize his involvement. A video of the London police interview with McLeod is shown, where McLeod claims he checked on E.M. five times and denies any text inviting players to the room for sex was sent.

May 28: A video of the police interview with Formenton is shown. The audio recording of Newton’s phone interview with Dube is also played. Neither interview includes mention of E.M.’s buttocks being slapped. Newton testifies he was unaware of a group chat where players discussed the incident.

May 29: The Crown rests its case. Carter Hart is the only one of the five accused to testify. He states his sexual contact with E.M. was consensual, that he saw E.M. hold hands with Formenton going to the bathroom, and that he would not have tolerated anything “disrespectful” happening to the woman. The Crown repeatedly challenges Hart`s memory of the events.

June 2: Defense lawyers inform the court they have no further witnesses or evidence to present. The Crown has no additional questions.

WHAT’S NEXT

June 9: Closing submissions will begin, presented first by the five primary defense lawyers for the accused, followed by the Crown’s closing arguments. After submissions are complete, Justice Carroccia will inform the court when she expects to deliver her findings and ruling. An immediate decision date is not anticipated, though defense is expected to advocate for a ruling sooner rather than later.

Editor’s note

If you or someone you know is in need of support, resources are available. In Canada, province-specific centres, crisis lines, and services can provide assistance. For readers in the United States, a list of resources and references for survivors and their loved ones is available.

Eldon Wicks
Eldon Wicks

Eldon Wicks is a journalist from Sheffield, England, where sport is his heartbeat. Covering boxing to cycling, he writes as if he’s right in the action. His energy and knack for detail hook readers every time.

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