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The high-profile trial against five former Canadian NHL players accused of sexual assault began Tuesday in London, Ontario.
A woman identified only as E.M. has claimed the players intimidated her into sexual acts without her consent in a London hotel room in 2018, following a Hockey Canada gala celebrating the team’s world juniors victory. According to the claim, she willingly went back to the hotel with one player and had consensual sex with him, but he then invited multiple teammates into the room. Among other claims, her statement included that the players also intimidated her by bringing golf clubs into the room, and made her record videos saying she consented to the acts. The woman’s then-stepfather reported the allegations to Hockey Canada the next day, the organization’s former CEO has said, and the woman also brought her claims to police.
All five men were members of Canada’s 2018 gold-medal-winning world junior national team and went on to play in the NHL.
Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart, and Michael McLeod are all charged with one count of sexual assault. McLeod is also facing an additional sexual assault charge from the same alleged incident for being “a party to the offense,” which prosecutors have said is “in relation to aiding someone else.” They have all pleaded not guilty.
The trial, which began with jury selection Tuesday, could include the testimony of multiple current NHL players. A list of the prosecution’s potential witnesses read aloud Tuesday included Cale Makar (Colorado), Sam Steel (Dallas), Jonah Gadjovich (Florida), Drake Batherson (Ottawa), Robert Thomas (St. Louis), Brett Howden (Vegas), and Taylor Raddysh (Washington)—all of whom are currently playing in the Stanley Cup playoffs.
The trial took more than a half-decade to reach its zenith because initial investigations by Hockey Canada and London police closed without charges in February 2019. Then, in 2022, news surfaced that E.M. settled a $3.5 million civil lawsuit stemming from the incident with Hockey Canada. The out-of-court settlement sparked outcry, leading Hockey Canada and police to reopen their investigations. In early 2024, London police announced charges against the five players and publicly apologized to E.M. for the time lapse.
Between the original investigations in 2018 and charges in 2024, all five of the men had stints in the NHL. Hart was the Flyers goalie until taking an indefinite leave of absence in January 2024 due to the scandal. Dubé and McLeod played for the Calgary Flames and New Jersey Devils, respectively, but while awaiting trial moved to the Russia KHL. Formenton and Foote bounced around the NHL and AHL, the NHL’s primary developmental league, and Formenton most recently played in Switzerland.
The trial is scheduled to last eight weeks. If convicted, the men could face up to 10 years in prison, though legal experts have said that number could be halved or even less due to their lack of a criminal record. If found guilty of both charges, McLeod’s sentence could be longer, but he could also serve both sentences concurrently.
It’s not quite clear what the protocol will be for the witnesses and former players who are not facing charges. TSN has reported the NHL players including the playoff contenders will be able to testify via video call, while The Athletic reported NHL teams haven’t been told whether their players will need to go to court in London. A league spokesperson did not immediately respond to questions.
