5 ex-world junior hockey players plead not guilty to sexual assault as jury selection starts in London, Ont.
The Superior Court trial is scheduled to last up to 8 weeks
WARNING: This article may affect those who have experienced sexual violence or know someone who's been impacted by it.
Five former NHL players accused of sexually assaulting a woman in a London, Ont., hotel room after a 2018 gala celebrating Canada's world junior hockey win have pleaded not guilty as their trial got underway Tuesday.
Michael McLeod, Cal Foote, Dillon Dubé, Carter Hart and Alex Formenton are charged with one count each of sexual assault and are in Superior Court for the proceedings. McLeod faces an additional count of being party to the offence.
All five have been told they have to be in court for the duration of the jury selection and trial. Each player is sitting at a separate table with the respective legal team.
Each of the five men was asked Tuesday for a plea and each answered "not guilty" while standing in the courtroom with their legal teams. They were also each also asked if they were ready for trial, and each responded, "Yes."
The trial is scheduled to last up to eight weeks and is a culmination of a years-long process that included a civil lawsuit, parliamentary hearings about how Hockey Canada handled the original allegations and investigation, and a reckoning with what some called a toxic culture in the game.
Justice Maria Carroccia is the presiding judge. Each player has his own team of lawyers and they'll have an opportunity to cross-examine the woman, whose identity is protected by a publication ban. In court proceedings, she's been known as E.M. She was 20 years old at the time of the hotel incident.
Carroccia told potential jurors that the role is "one of the most important duties you can be called upon to participate in as a citizen of Canada."
"It is not often that the state calls upon citizens to serve its country," she said.
Because of the length of the trial, 14 jurors will be chosen, as well as two alternates, to ensure 12 people are available at the end to deliberate and render a verdict, Carroccia said.
Potential jurors are being asked if they have biases or prejudices they cannot set aside in order to render a fair verdict, or if they've formed an opinion about the case because of the pretrial publicity.
The case has garnered international attention because of the high-profile players involved. All five members of the 2018 team went on to play pro hockey.
McLeod and Foote were with the New Jersey Devils, Dubé was with the Calgary Flames and Hart was with the Philadelphia Flyers. Formenton was signed by the Ottawa Senators but was playing in Switzerland when the sexual assault charges were announced.
Foote and Hart aren't currently playing hockey, but McLeod and Dubé have been playing with Kontinental Hockey League (KHL) teams. Formenton has indicated he has left hockey and is working in construction in Barrie, Ont.
'Tough weeks' for woman in case
The woman first went to police in 2018 immediately following the alleged incident.
"We're feeling very deeply for the young woman at the centre of this case, knowing that what she is about to go through is going to be really difficult," said Jessie Rodger, the head of Anova, a London, Ont.,-based agency for survivors of gender-based violence.
"We're thinking of her and being grateful for what she's done so far and being supportive of whatever she does moving forward."
The Supreme Court of Canada has consistently asked the legal system to treat complainants with respect and dignity, said Daphne Gilbert, a University of Ottawa law professor who specializes in sexual violence.
"There's been a significant move to make the process less adversarial for complainants, to recognize the trauma that comes from having to testify in court," Gilbert said.
"This is going to be a really tough case for the complainant because there's five accused persons and each of them has their own lawyer, and each of those lawyers has the right to cross-examine her to the fullest extent. It's going to be a tough few weeks for her because she's going to face a barrage of extremely talented lawyers who are all going to be motivated to poke at her credibility."
London police investigated the woman's allegations and closed the case in 2019. In April 2022, the woman filed a $3.5-million lawsuit, which was settled out of court partially using a Hockey Canada reserve fund allocated for such settlements.
After media reports in 2022, London police launched a review of the case and how officers handled the investigation. In 2024, police charged the five players and Chief Thai Truong apologized to the complainant.
'Historic moment' for hockey
The trial will be followed by legal experts as well as those in the hockey community and regular Canadians, said Walter DeKeseredy, a sociologist at West Virginia University who researches violence. He co-authored the book On Thin Ice: Professional Hockey, Rape Culture and Violence Against Women.
"This is a historic moment," he said, referring to the accusations dating back to when the players were juniors and the fact they went on to turn pro. "It's a very historic moment in the history of Canadian sport and in the history of the Canadian criminal justice system."
Parents of children who play hockey will also be watching, DeKeseredy added. "All eyes are going to be on this."
There are clear legal rules in Canada about how consent is defined, and that will likely play a large role in this trial, legal experts told CBC News.
"There's no such thing as implied consent in Canada. You need consent to be ongoing. You can't give consent broadly in advance," said Kat Owens, a lawyer and project director at the Women's Legal Education and Action Fund. "Courts can't rely on myths and stereotypes."
Also at stake is the perception of how the complaint is treated in the criminal justice system, said Gilbert.
"If there's a perception that it wasn't worth it for her to have brought this case, that she didn't get to present her side of the story or that she was shamed or humiliated, I think that could have real negative repercussions going forward, because the case is so high profile."
Those who work with sexual assault survivors say they're bracing for people to reach out for help, as happened during the MeToo movement.
"We're definitely preparing to see an increase in phone calls to our crisis and support line, not just from folks who have perhaps experienced sexual violence currently, but also those who have experienced sexual violence in past," Rodger said. "I want people to know that our crisis and support line is for people who are in crisis but also for people who have experienced historic sexual assault and violence, for people who need somebody to talk to for 15 minutes."
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.
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With files from Karen Pauls