Crown in World Junior sexual assault case argues videos taken by former player are ‘not evidence of consent'

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a day ago

A composite image of five photographs show former members of Canada's 2018 World Juniors hockey team, left to right, Alex Formenton, Cal Foote, Michael McLeod, Dillon Dube and Carter Hart as they individually arrived to court in London, Ont., Wednesday, April 30, 2025. THE CANADIAN PRESS/Nicole Osborne
Warning: This story contains graphic details and allegations of sexual assault
Crown attorney Meaghan Cunningham continued her final arguments in a London., Ont. courtroom on Friday morning in the sexual assault trial involving five former World Junior hockey players.
Cunningham argued the videos taken by Michael McLeod are 'not evidence of consent' or any 'reasonable steps' to 'obtain consent.'
The Crown suggested McLeod was 'concerned' the complainant, known as E.M., might 'call this a sexual assault' and that is why he took the videos – in which the complainant is shown saying that she's 'OK with this' and that 'it was all consensual.'
E.M. previously testified she knew what McLeod was trying to get her to say and knew what she 'needed to say to just get out of there.'
'These videos actually confirm her evidence,' said Cunningham.
'They are examples of her going along with what they were telling her what to do.'
Cunningham finished her final arguments for the time being and assistant Crown attorney Heather Donkers began addressing the court.
Donkers focused on the 'credibility' and 'reliability' of each of the accused, starting with Carter Hart.
Carter Hart
Hart previously testified he asked E.M., 'Can I get a blowie?' – a reference to oral sex.
Donkers argued no one else testified to that and even if the judge finds he did ask E.M., that is not consent.
'There is no evidence that E.M. ever asked for oral sex or offered it to anyone,' said Donkers.
The Crown argued that Hart found the night 'exciting' and E.M. found it 'traumatic.'
Michael McLeod
Donkers continued her submissions by alleging that 'Mr. McLeod is guilty of sexual assault.'
She alleged that McLeod lied to police about inviting people to room 209 in the Delta Hotel and that his 'willingness to lie to police about significant issues calls into question his credibility about other things.'
Dillon Dubé
Donkers went on to argue Dillon Dubé gave a voluntary statement to London police in 2018 and mentioned the oral sex he received from E.M. but left out the fact he slapped E.M.'s buttocks.
The Crown argued Dubé knew the slap 'crossed the line.'
'He doesn't tell the officer he slapped E.M. on the buttocks because that goes beyond the bounds of what he could reasonably portray as consensual,' said Donkers.
Donkers reminded the court that Brett Howden previously testified that when he heard E.M. being spanked, it made him so uncomfortable that he left the room.
Alex Formenton
The Crown then shifted focus to Alex Formenton.
Court previously heard Formenton had vaginal and oral sex with E.M. in the bathroom of room 209 in the early morning hours of June 19, 2018.
'E.M. testified she was not thinking of sex with Alex Formenton as a choice,' said Donkers.
Donkers reminded the judge Howden previously testified Formenton asked him something like, 'Am I ok to do this?'
She suggested Formenton was not 'quite sure' if what was about to happen 'was consensual.'
Cal Foote
Cal Foote was the last of the accused to be addressed by Donkers.
'Mr. Foote is also guilty of sexual assault,' alleged Donkers.
The court previously heard Foote did the splits over E.M. while she was laying on the floor.
E.M. previously testified that someone, who had their pants off, did the splits over her face.
'He just put his penis on my face,' said E.M.
Hart previously testified Foote was fully clothed during the encounter and did not touch E.M.'s face.
All five former world junior players have pleaded not guilty to sexual assault in connection with an encounter at a hotel room in London in 2018.
If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:
If you are in immediate danger or fear for your safety, you should call 911.
A full list of sexual assault centres in Canada that offer information, advocacy and counselling can be found ​on the website for Ending Sexual Violence Association of Canada.
Helplines, legal services and locations that offer sexual assault kits in Alberta, B.C., Saskatchewan, Manitoba, Quebec, Ontario and Nova Scotia can be found here.
National Residential School Crisis Line: [phone]
24-hour crisis line: 416 597 8808
Canadian Human Trafficking Hotline: [phone]
Trans Lifeline: [phone]
Sexual misconduct support for current or former members of the Armed Forces: [phone]
Read about your rights as a victim here.