The high-profile sexual assault trial of five ex-Hockey Canada junior players—Michael McLeod , Alex Formenton, Dillon Dube, Carter Hart, and Cal Foote—entered a crucial stage on Wednesday when the Crown began its case in Ontario Superior Court . Crown attorney Heather Donkers characterized the trial as essentially about consent—and more importantly, about what is not consent. The matter surrounds charges dating from June 2018, wherein a woman said she was sexually assaulted after an event held for Hockey Canada at a gala night in London, Ontario.
Crown outlines allegations against former Hockey Canada players in consent-focused trial
In a case already receiving broad national attention, Assistant Crown Attorney Heather Donkers alleged the complainant was sexually assaulted by the five defendants in a hotel room after a night out following a Hockey Canada celebration.
“This count relates to the anticipated evidence that throughout the night, Mr. McLeod assisted and encouraged his teammates to engage sexually with (E.M.), knowing she had not consented,” Donkers said. “This is a case about consent. And equally as important, this is a case about what is not consent.”
Donkers explained there was a first consensual sexual encounter between Michael McLeod and E.M., but subsequent ones were non-consensual. She reported that McLeod supposedly invited teammates into the room through text messages and direct calls while E.M. remained in the room and was intoxicated. One of the messages supposedly sent by McLeod was, “Who wants to be in a three-way quick? 209, Mikey.”
The Crown said that while E.M. did not necessarily say ‘no’ or physically struggle, her lack of consent was based on a situation where she felt she had no choice. “At age 20, intoxicated, and a group of large men that she did not know were speaking to each other as if she were not there, and then they started telling her to do certain things; she did not feel that she had a choice in the matter,” Donkers said to the jury.
“On occasion, she tried to leave the room, but the men coaxed her into staying. And so, she found herself going through the motions, just trying to get through the night by doing and saying what she believed they wanted. We further anticipate you will hear evidence from (E.M.) – and from others as well – that the defendants took no steps to ensure there was affirmative consent when they touched her.” Donkers added, noting that E.M. attempted to leave the hotel room but was coaxed into staying.
Defense enters plea of not guilty as judge reminds jury of impartial obligation
All five ex-NHL players—Michael McLeod, Alex Formenton, Dillon Dube, Carter Hart, and Cal Foote—have entered pleas of not guilty to one count each of sexual assault. Michael McLeod also has an additional charge of being a party to the offense by allegedly facilitating the group encounter.
Judge Carroccia also reminded jurors not to discuss the case outside the courtroom, reminding them that impartiality is the hallmark of the judicial process.
Case reopens focus on Hockey Canada and earlier settlement
This trial comes after years of public criticism and legal progress. The case became a national story when Hockey Canada quietly resolved a civil lawsuit with the complainant in 2022 for an undisclosed sum, sparking questions regarding transparency and accountability in high-level sports culture.
The trial, now ongoing since 2024 after the players were officially charged, is likely to go deep into the culture of elite hockey and what, if anything, was done to guarantee responsible conduct.
Also read: “The matter has been resolved”: Alleged sexual assault case against New York Rangers' Artemi Panarin
Throughout the hearings, the Crown has indicated that the verdict will depend on the jury's interpretation of consent—and their willingness to consider what occurs when that consent is not present, implied, or forced.
Crown outlines allegations against former Hockey Canada players in consent-focused trial
In a case already receiving broad national attention, Assistant Crown Attorney Heather Donkers alleged the complainant was sexually assaulted by the five defendants in a hotel room after a night out following a Hockey Canada celebration.
“This count relates to the anticipated evidence that throughout the night, Mr. McLeod assisted and encouraged his teammates to engage sexually with (E.M.), knowing she had not consented,” Donkers said. “This is a case about consent. And equally as important, this is a case about what is not consent.”
Donkers explained there was a first consensual sexual encounter between Michael McLeod and E.M., but subsequent ones were non-consensual. She reported that McLeod supposedly invited teammates into the room through text messages and direct calls while E.M. remained in the room and was intoxicated. One of the messages supposedly sent by McLeod was, “Who wants to be in a three-way quick? 209, Mikey.”
The Crown said that while E.M. did not necessarily say ‘no’ or physically struggle, her lack of consent was based on a situation where she felt she had no choice. “At age 20, intoxicated, and a group of large men that she did not know were speaking to each other as if she were not there, and then they started telling her to do certain things; she did not feel that she had a choice in the matter,” Donkers said to the jury.
“On occasion, she tried to leave the room, but the men coaxed her into staying. And so, she found herself going through the motions, just trying to get through the night by doing and saying what she believed they wanted. We further anticipate you will hear evidence from (E.M.) – and from others as well – that the defendants took no steps to ensure there was affirmative consent when they touched her.” Donkers added, noting that E.M. attempted to leave the hotel room but was coaxed into staying.
Defense enters plea of not guilty as judge reminds jury of impartial obligation
All five ex-NHL players—Michael McLeod, Alex Formenton, Dillon Dube, Carter Hart, and Cal Foote—have entered pleas of not guilty to one count each of sexual assault. Michael McLeod also has an additional charge of being a party to the offense by allegedly facilitating the group encounter.
Judge Carroccia also reminded jurors not to discuss the case outside the courtroom, reminding them that impartiality is the hallmark of the judicial process.
Case reopens focus on Hockey Canada and earlier settlement
This trial comes after years of public criticism and legal progress. The case became a national story when Hockey Canada quietly resolved a civil lawsuit with the complainant in 2022 for an undisclosed sum, sparking questions regarding transparency and accountability in high-level sports culture.
The trial, now ongoing since 2024 after the players were officially charged, is likely to go deep into the culture of elite hockey and what, if anything, was done to guarantee responsible conduct.
Also read: “The matter has been resolved”: Alleged sexual assault case against New York Rangers' Artemi Panarin
Throughout the hearings, the Crown has indicated that the verdict will depend on the jury's interpretation of consent—and their willingness to consider what occurs when that consent is not present, implied, or forced.
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