Hockey Canada scandal: How police errors nearly buried and delayed the sexual assault case
Experts say original investigation lacked depth and proper focus on consent (Getty Images)
In a case that has shaken Canadian hockey and the criminal justice system, five former World Junior hockey players—Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé, and Cal Foote—are on trial for an alleged sexual assault that occurred in 2018 in London, Ontario.
While all five have pleaded not guilty, court documents and testimony reveal that the initial police investigation was fraught with missed opportunities, leading experts to call it a prime example of systemic failure in how sexual assault cases are handled.
Experts say original investigation lacked depth and proper focus on consent
Back in 2019, former London police detective Stephen Newton closed the investigation, telling the complainant—known as E.M. due to a publication ban—that there wasn't enough evidence to proceed.
'I informed her I would be closing the case with no charges,' he wrote. But when new evidence surfaced and Hockey Canada's secret settlement came to light, the investigation was reopened in 2022. A new detective laid charges in early 2024.
Police Chief Thai Truong later issued a public apology to E.M. and her family.
— globeandmail (@globeandmail)
Legal and policing experts interviewed by The Globe and Mail argue that Newton's investigation failed to meet the basic standards for sexual assault cases.
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Melanie Randall, a Western University law professor, said, 'It's a perfect case study of where things go wrong... with police interviews and investigations.'
Newton's narrow focus on whether E.M. had been physically coerced or was too intoxicated to consent missed a broader legal definition of consent. As legal expert Kat Owens put it: 'Colloquially, only yes means yes... You have to be giving an active ongoing consent to each sex act.'
Newton admitted during the trial that he did not ask key questions or follow up on vital details, such as surveillance footage or aggressive physical interactions described by E.M.
Trauma-informed approach ignored despite request for female investigator
E.M.'s emotional state and trauma responses were also poorly handled, experts say. Despite requesting a female lead investigator, Newton stayed on the case, merely involving female officers peripherally. Clinical psychologist Dr.
Lori Haskell criticized this, stating, 'It's a trauma-informed response that recognizes the psychological and emotional safety needs of the complainant.'
Notably, Newton failed to pursue or review key text messages and surveillance footage. One incriminating message sent from McLeod's phone—'Who wants to be in a 3 way quick. 209 – mikey'—was only uncovered during the reopened investigation by Detective Lyndsey Ryan.
That message, now a core piece of the Crown's case, had not even been known to Newton.
Also Read:
Hockey Canada trial judge faces complex decision as case hinges on unseen question of consent
The trial's verdict, expected July 24, could send shockwaves through both Canadian sports and law enforcement, but for now, it underscores one chilling reality: how flawed police work can delay justice in cases that demand it most.
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