Following a lengthy trial, five former NHL players – Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart, and Michael McLeod – have been found not guilty of sexual assault in connection with an incident that occurred in a London, Ontario hotel room in 2018. Ontario Superior Court Justice Maria Carroccia delivered the verdict on Thursday, stating that she could not rely on the evidence presented by the complainant, identified as E.M., finding it neither credible nor reliable.
The immediate impact is, of course, the acquittal of all five men on the charges they faced. Each had been charged with one count of sexual assault, with McLeod facing an additional charge of being a party to the offense. With the legal proceedings concluded, the players are now free from the burden of these charges. Prosecutor Meaghan Cunningham stated that her team will "carefully review" the judge's decision, as the case is still within the appeal period.
The verdict potentially opens the door for a return to the NHL for these players. Prior to the charges, Dubé played for the Calgary Flames, Hart for the Philadelphia Flyers, and McLeod and Foote for the New Jersey Devils. Formenton had previously played for the Ottawa Senators before joining a team in Switzerland. All five players went on indefinite leave from their respective teams when the charges were filed in early 2024, and none currently have active contracts with NHL teams. The NHL had also held off on their own investigation while the charges were pending.
However, the path back to professional hockey may not be straightforward. The NHL may still conduct its own investigation into the matter, and the public outcry and scrutiny surrounding the case could make it difficult for teams to sign these players. The teams will have to weigh the potential backlash from fans and sponsors against the players' talent and potential contributions on the ice.
Beyond the immediate legal and professional implications, the case has also raised broader questions about the culture within hockey and the handling of sexual assault allegations. The initial investigation by London police was closed in 2019, but was reopened in 2022 after public and governmental pressure. This timeline has led to scrutiny of Hockey Canada's handling of the initial complaint and settlement with the complainant. The organization faced intense criticism for its initial handling of the allegations, which included a settlement with E.M. that sparked public outcry. This led to parliamentary hearings and further investigations.
The judge's decision also highlighted concerns about the complainant's credibility and the evidence presented. Carroccia noted inconsistencies in E.M.'s allegations and pointed to evidence that contradicted her claims about her level of intoxication. She stated that she did not believe the complainant and that the Crown had not proven its case. The judge said she found actual consent not vitiated by fear. The trial itself was marked by complications, including a mistrial and the dismissal of two juries, ultimately leading to a judge-alone trial.
