The Hockey Canada sexual assault trial began this week with significant developments, including the testimony of London Police Service Detective Tiffany Waque. The trial involves five former Hockey Canada world junior players—Michael McLeod, Alex Formenton, Dillon Dube, Carter Hart, and Cal Foote—who are facing charges related to a 2018 incident in which a woman, referred to as E.M. under a publication ban, alleges she was sexually assaulted in a hotel room after a Hockey Canada gala in London, Ontario.
The Testimony So Far
On Monday, Detective Waque was called as the first Crown witness. She presented security camera footage from Jack’s Bar in London, where McLeod first met E.M. and where the group of world junior players later arrived. The footage shows E.M. and her friend entering the bar around 11:00 p.m., followed by the arrival of several men identified as members of the world junior team. The video footage includes shots of E.M. using an ATM and ordering drinks at the bar.
When questioned about the significance of the video, Waque explained it showed the group of players interacting at the bar, which was relevant to establishing the timeline and sequence of events leading up to the alleged assault.
The Jury and Trial Context
The jury for the trial consists of 14 individuals, including five men and nine women, with two alternates. Justice Maria Carroccia, who is presiding over the trial, addressed the jury, emphasizing their role in determining the facts and making the final verdict based on the evidence presented.
“You are the judges of the facts, and you will return the verdict at the end of this trial,” Justice Carroccia said, stressing the importance of the jury’s interpretation of the evidence. “Your interpretation of the evidence will determine the outcome of this case.”
The Crown’s Opening Statement
Following Justice Carroccia’s instructions, Crown Attorney Heather Donkers delivered the opening statement. She outlined that consent would be a central issue in the case, highlighting what is considered “consent” and, more critically, what is not. Donkers explained that the evidence would show a shift in the nature of interactions between E.M. and the players after they left the bar and went to McLeod’s hotel room at the Delta Armouries.
According to Donkers, after an initial consensual sexual act, the atmosphere in the room changed. E.M. noticed McLeod texting others in a group chat and allegedly inviting others into the room. The Crown contends that the subsequent sexual acts involving the five players occurred without E.M.’s consent.
The Crown’s statement described specific alleged actions, including the sexual acts involving McLeod, Hart, Dube, Formenton, and Foote, highlighting that these occurred without E.M.’s voluntary agreement. The Crown plans to argue that, although E.M. did not explicitly say “no” or physically resist during the alleged assaults, she felt coerced by the environment and the actions of the men.
The Role of Video Evidence
Donkers also referenced videos that were taken of E.M., where she made statements about consent. The Crown attorney urged the jury to pay close attention to both what E.M. said and what was not said in these videos. The Crown anticipates the jury will hear that the defendants took no steps to ensure that E.M.’s consent was affirmative.
Adjournment and Next Steps
After Monday’s testimony, the court session adjourned early to allow participation in the Canadian federal election. Detective Waque is expected to continue her testimony on Tuesday, with further security footage likely to be presented.
This trial, which is scheduled to last eight weeks, will continue to examine the details of the events that allegedly took place on June 18, 2018, and will determine whether the defendants are guilty of the charges brought against them.
