Defence questions whether E.M. was a ‘reliable witness' in closing arguments of Hockey Canada trial
A composite image of five photographs shows (left to right) Alex Formenton, Carter Hart, Michael McLeod, Dillon Dube, and Cal Foote, former members of Canada's 2018 World Juniors hockey team, arriving at the London Courthouse in London, Ont. on May 20, 2025. (Source: TSN)
Warning: This story contains graphic details and allegations of sexual assault
Daniel Brown, lawyer for former world junior hockey player Alex Formenton, began his closing arguments in a London., Ont. courtroom on Tuesday morning.
Court previously heard the complainant, known as E.M., had sexual intercourse with Formenton in the bathroom of room 209 at the Delta Hotel in the early morning hours of June 19, 2018.
Brown suggested E.M. wasn't a 'reliable witness' in the trial.
He said E.M. claimed the players 'got her drunk' and 'separated her' from her friends, but 'video evidence shows otherwise.'
Brown argued E.M. was 'concerned' her sexual encounter would be 'publicized,' so he alleged that E.M. created the lie that it was 'not her choice' to leave the bar and go to room 209.
The court previously heard E.M. initially told London Police that she was 'too drunk to consent.'
Brown suggested E.M. was not 'too drunk' to consent to sex that night.
'Consent with a stranger is still consent. Consent while drunk is still consent. Consent to sex by one woman with more than one man is still consent,' said Brown.
He said it was 'reasonable' for Formenton to believe E.M. was consenting to sex and he simply 'took her up on her offer.'
The court previously heard from witnesses that E.M. was laying on a bedsheet on the floor masturbating and asking the players to have sex with her, in room 209.
Brown reminded the judge that the police told E.M. they couldn't lay charges because there were no grounds to think she was too drunk to consent.
He argued E.M. had to rely on her 'drunkenness' to explain the 'unexplainable' when she filed a civil claim against Hockey Canada in 2022.
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: +1 866 925 4419
24-hour crisis line: 416 597 8808
Canadian Human Trafficking Hotline: +1 833 900 1010
Trans Lifeline: +1 877 330 6366
Sexual misconduct support for current or former members of the Armed Forces: +1 844 750 1648
Read about your rights as a victim here.
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