Advocates for sexual-assault survivors worry Hockey Canada trial disruptions will dissuade others from seeking justice

Globe and Mail

17-05-2025

The latest disruption in the trial of five former world junior hockey players in London, Ont., is frustrating, upsetting but ultimately unsurprising, say local sexual assault survivors and advocates who have frequently gathered outside the courthouse over the past few weeks.
The judge hearing the trial dismissed the jury on Friday after a juror claimed they were being laughed at by two defence lawyers, who denied that happened. The trial is now continuing under a judge alone. It was the second disruption in the case, which had a mistrial over another issue with an earlier jury on the first day.
Activists said the judge's decision to finish the trial herself was a better option than declaring a mistrial and starting over with a third jury, which would have forced the complainant in the case to undergo another round of testimony and cross examination. The complainant, known only as E.M. due to a publication ban, was in the witness box for nine days of testimony and then cross-examination from five defense lawyers.
However, the advocates said they're worried such disruptions will dissuade victims from seeking justice.
Judge in Hockey Canada sex-assault trial was right to dismiss jury from high-profile case, legal experts say
Jessie Rodger, executive director of local agency Anova, said another mistrial would have been devastating. Her organization operates two shelters in London, in addition to providing counselling, court support and education to victims of sexual assault and their families.
Ms. Rodger often sat in court throughout E.M.'s cross-examination. She said E.M. was subjected to rape myths that questioned her character and intoxication.
'It felt like I was in a courtroom in 1997,' she said. 'This is not what a trauma-informed lens looks like.'
She said such tactics, along with disruptions including those that have plagued the London trial, make other victims less likely to step forward, adding that a number of her clients have been dissuaded by E.M.'s experiences in court.
Daphne Gilbert, a University of Ottawa criminal and constitutional law professor, agreed.
'I don't think there was a trauma-informed approach taken here at all,' said Prof. Gilbert, whose research has focused on best practices in codes of conduct about sexual violence, with an emphasis on abuse among all levels of sport in Canada.
Second jury dismissed in Hockey Canada sex-assault trial, case will be heard by judge alone
She noted the judge's ruling about dismissing the jury was not to protect E.M. but rather to protect the rights of the accused.
'We certainly didn't see any trauma-informed approach being taken from any of the defense lawyers during the brutal cross-examination that E.M. was put through,' she said.
'If anything, the system is – and yes, rightfully so – mostly concerned with the rights for the accused. That's why this happened.'
However, Prof. Gilbert said the fact that a judge is now hearing the case will be more helpful to study the case in the future.
During E.M.'s testimony, supporters demonstrated outside the courthouse. One of them was a woman who herself is a survivor of sexual assault. The woman's name is also covered by a publication ban and she can only be referred to as K.M.
'From a survivor's perspective, trials can ruin you,' said K.M., who said the man who assaulted her was convicted in 2019 after she testified in court.
K.M. said the legal process demands that a victim constantly relive what are often the worst moments of their lives.
Jennifer Dunn, executive director at London Abused Women's Centre, sees a marked improvement compared to a decade ago. The police investigation is more trauma-informed and has units dedicated to sexual assault and intimate partner violence, for example.
Ms. Rodger has also been bolstered by the donations her centre has received in E.M.'s name and by how her testimony has encouraged a number of women to come forward and seek help and support for their own experiences.
K.M. said she is conflicted. She said that while the gathering of sexual assault survivors and advocates outside the courthouse is inspiring, the support can only go so far.
'There's no confidence that if I came forward as a survivor of rape, I'm going to be heard, I'm going to be taken seriously, and the justice system is going to have my back to make sure that this happens in a timely manner so I can move on with my life.'