Hockey Canada sexual assault trial: Legal experts say consent videos in the trial reveal troubling public misunderstandings
As five former Canadian world junior hockey players await a verdict in a high-profile sexual assault case, legal scholars are emphasizing a critical point: videos alone—especially those taken after the fact—do not constitute legal consent.
The trial, centered around an alleged group sexual assault in a London, Ontario hotel room in 2018, has reignited a national conversation on how consent is understood, especially in sports culture.
Consent must be ongoing and specific, not retrospective or coerced
Two cellphone videos were shown in court, capturing the complainant saying she was 'OK with this' and that 'it was all consensual.' The defense cited these clips as evidence of mutual participation, but prosecutors called them misleading and irrelevant to actual legal standards.
"The recording of that video is not getting her consent to anything. Everything's already happened," Crown attorney Meaghan Cunningham said. "Consent must be communicated for each specific act at the time it takes place."
Daphne Gilbert, a law professor at the University of Ottawa, echoed that sentiment. 'Legally speaking, they have very little relevance… There's no such thing as advance consent. And there's no such thing as after-the-fact consent, either.'
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Scholars question use of post-incident recordings in sexual assault trials
York University law professor Lisa Dufraimont noted that the videos might be considered hearsay, as they were not made under oath. However, she added that the clips could still have evidentiary value in showing the complainant's emotional state or level of intoxication close to the time of the incident.
Only Carter Hart testified in his own defense, telling the court that consent videos are not unusual among pro athletes.
Teammate Michael McLeod told police he recorded one out of fear that 'something like this might happen.'
Canada's sports culture still lacks proper consent education, experts say
Gilbert said Canada—and hockey in particular—still lags behind in properly educating athletes about consent. 'Enthusiastic, affirmative, ongoing, coherent' consent is what the law requires, she stressed. 'Yes means yes.'
Justice Maria Carroccia is expected to deliver her ruling Thursday in what could be a defining moment for how consent is viewed in Canadian sport and law.
Also Read:
Hockey Canada trial judge faces career-defining moment with high-stakes sexual assault verdict
FAQs
1. Do the videos shown in court legally prove consent?
No, legal experts say consent must be specific, ongoing, and given at the time of each act—not after the fact.
2. What did the prosecution argue about the videos?
The Crown said the complainant felt pressured and the videos were 'token lip service,' not genuine consent.
3. Why is this case important for Canadian sports?
It highlights the urgent need for better consent education within professional hockey and youth sports systems.
Catch Rani Rampal's inspiring story on Game On, Episode 4. Watch Here!
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