The Hockey Canada sexual assault trial is about to enter an important phase. After 25 days in court and a mistrial, the defense and Crown have now completed presenting their evidence. This marks a crucial point in the case, as the next step will be the submissions from both sides. But what exactly does this process mean, and what can we expect from the trial going forward?
What is the Submissions Phase?
Once both sides have presented their evidence, the next step in any trial is the submissions. This is essentially when the defense and the prosecution make their closing arguments to the judge, summarizing the case and pointing to evidence that supports their position.
In this case, after Justice Maria Carroccia discharged the jury on May 16, both the Crown and defense will use the evidence introduced during the trial to argue their points. The Crown will try to prove that the five players from the 2018 Hockey Canada World Junior team—Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube, and Cal Foote—are guilty beyond a reasonable doubt of the sexual assault charges against them. On the other hand, the defense will argue that the evidence presented is not enough to prove their clients’ guilt.
Christopher Sherrin, a former lawyer and current associate dean at Western University in London, explained that the submissions are essentially a way to narrow down the evidence and present it in the context of the law. “A closing argument is basically an opportunity to marshal the law and the evidence that’s been introduced and try to convince a judge that she should find these facts and draw these inferences,” Sherrin said.
Why the Week-Long Break?
After the defense completed its evidence on June 2, both the Crown and the defense agreed that submissions wouldn’t begin until June 9. A week-long break may seem a bit long, but it’s actually quite common in judge-alone trials, according to Sherrin.
He explained that this break gives both sides time to organize their arguments, review the evidence, and prepare submissions that are as clear and concise as possible. In judge-alone trials, where there is no jury, this break is particularly helpful. “In judge-alone trials, it’s not uncommon. It just gives the parties an opportunity to organize themselves and review the evidence,” Sherrin said.
How a Judge-Alone Trial Affects the Submissions and Verdict
Originally, the trial had a jury, but after some complications, the case switched to a judge-alone format. This means Justice Carroccia is now the sole decision-maker instead of a group of jurors. While this change may seem significant, Sherrin pointed out that it actually has the potential to speed up the process.
Without a jury to wait for or explain basic legal concepts to, the submissions in a judge-alone trial tend to be shorter and more direct. “A closing in a judge-alone trial is going to be more business-like partly because, as the advocate, you don’t need to explain to the judge basic legal principles, because the judge already knows them,” Sherrin explained.
However, while the submissions may be quicker and more concise, the time it takes for the judge to deliver a verdict is likely to take longer. Some people may expect a verdict right after the submissions, but Sherrin warned that this is unlikely. “Whether it’ll be days, weeks, or months, it could be any of the above,” he said. Based on his experience, Sherrin believes the verdict is more likely to take weeks or even months, rather than just days.
What to Expect Moving Forward
As the trial moves into the submissions phase, it’s important to understand that even though the trial is nearing its conclusion, the verdict may still take some time. While we might see another break in the proceedings after the submissions are made, the case will eventually come to an end, and Justice Carroccia will deliver her judgment.
