No appeal of not guilty verdicts in Hockey Canada sex assault trial: defence

CITYnews halifax / By News Staff and The Canadian Press

There will not be an appeal of the verdict in the sex assault case against five former members of Canada’s world junior hockey team.

The defence in the case tells CityNews that the Crown has decided against an appeal of Justice Maria Carroccia’s not guilty decision, which was handed down last month. Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube, and Callan Foote were acquitted of all charges related to an alleged group sexual assault in a London, Ont., hotel room back in 2018.

Carroccia ruled the complainant’s story was inconsistent, exaggerated, and ultimately unreliable and that the Crown did not meet its onus on any of the counts.

The Crown had 30 days in which to file an appeal following Carroccia’s ruling.

The case centred on an encounter that took place in the early hours of June 19, 2018, as many members of that year’s national junior team were in town for a series of events celebrating their gold-medal performance.

The court heard the complainant had sex with McLeod, who she had met at a downtown bar earlier that night, in his hotel room — an encounter that was not part of the trial.

The charges related to what happened after several other players came into the room, with consent a central issue in the case.

The woman did not voluntarily consent to the sexual acts that took place in the room, the Crown argued, and the players did not take reasonable steps to confirm that she did despite circumstances that would call for additional caution.

The defence argued the woman actively participated in the sexual activity and was egging the men on at times, but later made up a false narrative to absolve herself of responsibility. They argued she came to court with an agenda and exaggerated her level of drunkenness that night to support her account and explain inconsistencies in it.

The players remain suspended for all Hockey Canada-sanctioned events.

The players also remain ineligible to play in the NHL while the league reviews the judge’s findings.