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Globe and Mail
24-07-2025
- Sport
- Globe and Mail
Hockey Canada live updates: Judge says complainant appeared sober on night of alleged assault
– David Ebner While the court is on a 15-minute recess, I return to an early statement by Justice Carroccia as she began the morning. This is a heavy case for everyone involved, but the judge suggested there are not necessarily wider legal implications that flow from the evidence or her ruling: 'Much has been made in this case about the concept of consent,' the judge said. 'This case on its facts does not raise issues of the reformulation of the legal concept of consent. In this case I have found actual consent not vitiated by fear.' Consent in law is governed by Section 273 of the Criminal Code, which states that consent 'must be present at the time the sexual activity in question takes place.' -Robyn Doolittle Before the morning break, we were about an hour and 20 minutes into the verdict. So far, it has mostly been a straight rehashing of the facts that came out in court, which is typical. We have not yet heard any of the judge's analysis of these facts. – Robyn Doolittle Court is now breaking for morning recess. Justice Carroccia said she is halfway through her verdict. As the judge leaves the room for the morning break, the players' family stand up and hug each other. The players are also embracing their lawyers and families. Many people are crying. - Robyn Doolittle Justice Carroccia has moved on to discuss evidence given during testimony from some other members of the 2018 world junior team, who spent time in room 209, but are not accused of any wrongdoing. She then mentioned the players' group chat, which was created after members of the 2018 world junior team realized Hockey Canada was investigating the alleged sexual assault. They understood at the time it was a Code of Conduct violation. Justice Carroccia told the court that any comments made by players in the chat who didn't testify at the trial, would be considered hearsay evidence (meaning it won't be considered). – David Ebner Justice Carroccia spent about six minutes detailing evidence on the two consent videos, which were shot around 3:30 a.m. and 4:20 a.m. The judge didn't discuss the legal merits of the videos but did say that the complainant spoke 'clearly and coherently' in the second video. Experts have said such videos, especially the second one, don't carry legal weight, because the law says consent must be voluntary, continuous, and given for each sex act. During closing arguments, the Crown had called the videos 'token lip service box-checking.' – Robyn Doolittle Justice Carroccia is now discussing the text exchange between E.M. and Mr. McLeod after the alleged assault, in which the player pressed E.M. to make the police investigation 'go away.' 'You said you were having fun,' Mr. McLeod wrote. 'I was really drunk, didn't feel good about it at all after. But I'm not trying to get anyone in trouble,' E.M. replied. 'I was okay with going home with you, it was everyone else afterwards that I wasn't expecting,' she wrote. 'I just felt like I was being made fun of and taken advantage of.' – Robyn Doolittle Justice Carroccia is now recapping what was said in the consent videos recorded by Michael McLeod. The first is six seconds long and shows E.M. from the neck up. Mr. McLeod says: 'You're okay with this?' E.M. replies: 'I'm okay with this.' The second clip is 12 seconds long. In this video, E.M. is covering herself with a towel. 'Are you recording me?' she asks. 'Ok, good. It was all consensual. You are so paranoid, holy. I enjoyed it, it was fine. It was all consensual. I am so sober, that's why I can't do this right now.' E.M. alleged in court that although she said it was all consensual 'that is not in fact how she felt at the time.' The judge says in these videos, E.M. shows no sign of intoxication. She is speaking clearly and is not slurring. – Mariya Postelnyak A spokesperson for Avangard Omsk, the KHL team based in Omsk, Russia, for which Michael McLeod played last season, said in a statement ahead of the judge's decision that the club has been closely monitoring the situation 'from day one' and remains in constant contact with his representatives. 'It's no secret that, should the court issue a favorable ruling, Avangard would be interested in having Michael continue playing for the [Avangard] hawks,' said Tatiana Kozlova, adding that he's a highly skilled player who has gained a fanbase in Omsk. 'Like everyone else, we await the verdict – let it be fair to all parties involved.' – Robyn Doolittle Justice Carroccia is still going through the events in the hotel room, including allegations from E.M. that she had been crying either because the men were making fun of her or because of comments the men were making. The judge highlights that during cross-examination by David Humphrey (Michael McLeod's lawyer), E.M. acknowledged that Mr. McLeod had asked her if she was okay with things and that she replied that she was. (This exchange was captured on video.) E.M. told the court in response to this admission: 'What else was I supposed to say at that point?' – Robyn Doolittle Justice Carroccia notes that E.M. agreed with a suggestion by defence lawyer Megan Savard (who is representing Carter Hart) that she had very little memory of what she said inside the hotel room. E.M. said it did not feel like she had a choice but to go along with the sexual acts, however, the judge notes that E.M. said it was possible she adopted 'the persona of a porn star' because she believed that is what the men wanted. – Robyn Doolittle Justice Carroccia is continuing to recap the events in the hotel room and the testimony heard during the trial. She highlights that E.M. acknowledged it was possible she was being 'flirty' with the players in the hotel room. E.M. told the court that had she been thinking clearly – and not drunk – she could have left. E.M. said she was acting on 'auto-pilot.' Justice Carroccia mentions E.M.'s statement that once the players entered the room, it felt like her mind and body separated. – Robyn Doolittle Justice Carroccia says: 'I do not find the evidence of E.M. to be either credible or reliable.' She finds that consent was not vitiated by fear. As the judge says these words, members of the accused players' families have broken down in tears. She says that 'with respect to the charges before this court, having found that I cannot rely upon the evidence of E.M.… I conclude that the Crown cannot meet its onus on any of the counts before me.' – Robyn Doolittle Justice Carroccia begins her decision with a recap of the night in question, starting with the Hockey Canada gala and then Jack's bar, where the complainant met the players. The judge notes that E.M. and Michael McLeod returned to his hotel, where they had consensual sex. Afterwards, E.M. has alleged that other members of the team entered the room and this is where she said she was sexually assaulted. The judge said that: 'E.M. felt she did not have a choice about whether to engage in the sexual activity, out of fear, intoxication or both.' – Robyn Doolittle Justice Maria Carroccia has entered the courtroom. She is starting to read her verdict. She said she will make a written copy available after. – Robyn Doolittle The proceedings have not yet begun. Staff appear to still be trying to figure out what to do with the very large number of spectators at the courthouse. Although it's a large courtroom, there actually aren't that many seats. About 50 people are in the room, and the majority of it is taken up by five tables designated for the defence teams and accused players. The players' families are sitting in two long rows behind the defence teams. Media and some spectators are dispersed between five short rows on the far side of the courtroom. – Colin Freeze The packed courtroom is buzzing with anticipation. By 9:45 a.m. a first-floor overflow room with 150 seats had completely filled up. At 9:50 a.m., a court services officer told the crowd that an additional room was being opened up on the 11th Floor to accommodate the overflow from the overflow. The overflow rooms will allow the public and some media members to watch what is happening in the 14th floor courtroom via video. – Robyn Doolittle Members of the media – many of us lined up outside around 6:15 a.m. – have just been let into the courtroom, which is packed. Dozens more reporters and spectators are waiting in line, hoping to get inside. Family members of the accused players were allowed in first as well as lawyers and some police officers. There is some discussion about opening up the jury box for more seating. – Globe Staff The complainant in the case is a woman publicly identified only as E.M., who was 20 years old at the time of the alleged assault. Her name is subject to a mandatory publication ban that applies to complainants in sexual assault cases. From 2022: Woman at centre of Hockey Canada scandal breaks silence – Globe staff The five former members of the 2018 Canadian world junior hockey team charged with sexual assault are Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote. Mr. McLeod also faces a second charge of being a party to sexual assault. The men have each pleaded not guilty. All five have denied wrongdoing, staged vigorous defences, and taken leaves from their teams. Four of the five players had been playing in the NHL prior to their arrests in 2024. Mr. Dubé was a member of the Calgary Flames, Mr. Hart was with the Philadelphia Flyers, and Mr. McLeod and Mr. Foote were playing for the New Jersey Devils. Mr. Formenton was playing for the Swiss club HC Ambri-Piotta at the time, but he had previously been a member of the Ottawa Senators. Who are the 2018 world junior players charged with sexual assault? – Sophia Coppolino Before the court house opens, dozens of protesters held signs 'We believe E.M' and 'No more boys will be boys excuses.' Dillon Dubé is the first defendant to arrive at the courthouse with his lawyers. Protesters yelled 'loser' as he passed, while two others countered with 'not guilty.' – Robyn Doolittle This was the scene at the London Superior courthouse Thursday morning. Reporters and court watchers started lining up at 6:15 a.m. Justice Maria Carroccia is expected to begin delivering her verdict at 10 a.m. – Robyn Doolittle Good morning everyone. I'm Robyn Doolittle, a reporter with The Globe who focuses on investigations and law. I've been covering the Hockey Canada scandal since it first broke, and I've been covering the trial in London, Ont. I'm back at the courthouse this morning, awaiting Justice Carroccia's verdict. – Claire McFarlane Hi! I'm Claire McFarlane and I'm a general assignment reporter. I'm in Toronto today, speaking with advocates and people who support survivors of sexual violence about the verdict. – Colin Freeze I'm Colin Freeze and I cover crime, courts and security issues. I'm in the London courthouse today to cover the verdict. – David Ebner Hi I'm David Ebner and I cover the justice beat. I report on the Supreme Court of Canada and a wide range of legal cases/issues. I'm based in Vancouver and on Thursday morning, watching the verdict online, I'm looking at the legal question of consent and the 'consent videos' that were argued over at trial – listening for how Justice Maria Carroccia weighed and assessed these key elements of the case. – Sophia Coppolino Hi, I'm Sophia, and I'm a Globe reporter covering crime this summer. I'm outside the courthouse in London, keeping an eye on the crowds, including protests organized by supporters of sexual assault survivors, as the verdict is delivered today. - Simon Houpt Hi, I'm Simon Houpt and I've helped to cover the Hockey Canada file since it broke three years ago. I'm in Toronto, and I'm working the phones today with my sports colleague Marty Klinkenberg to gauge the reaction to the verdict by the NHL and the broader hockey world. - Sean Fine Today's verdict could break new ground on the question of what constitutes voluntary consent, in cases of an apparent power imbalance – in this instance, multiple men in a hotel room with an intoxicated woman most of them had never met. The trial has given a rare national profile to how the criminal-justice system addresses sexual assault. Front and centre is the issue of consent, and the 'honest but mistaken belief' defence that has been diminishing over the past several years. In Canadian law, consent is not just the absence of a 'no,' but requires an affirmation – a yes, in words or conduct. But what about when there is a yes, in circumstances in which an individual might not see a way out? Justice Maria Carroccia must decide whether E.M. was just 'going along to get along,' said Toronto lawyer David Butt, who was not involved in the case. And if so, did she induce an honest belief in the men, even if a mistaken one, that she was consenting? Read more about what the verdict could mean for consent law in Canada. – David Ebner Justice Maria Carroccia grew up in Windsor, Ont., born to Italian immigrants and the oldest of four children. Her father, Angelo, came to Canada in 1954 and worked as a construction crane operator. Her mother, Assunta, was a homemaker. Her parents, who didn't finish grade school, encouraged her education and she graduated in 1987 from the University of Windsor law school. Justice Carroccia worked for decades as a criminal-defence lawyer in Windsor before she was appointed as a judge to the Ontario Superior Court of Justice in 2020. In her five years as a judge, Justice Carroccia has overseen high-profile and complex cases, from murders to sexual assault trials. She is married, and has two daughters. Justice Carroccia's work during the Hockey Canada trial focused on the nuances of sexual-assault law and what constitutes consent. Today, many people in the legal profession and across Canada will be listening to her every word. Read more about the judge deciding the case here. - Globe staff Five former members of Canada's 2018 world junior hockey team are awaiting the verdict in their sexual assault trial today. All of the men have pleaded not guilty and mounted vigorous defences in court. The case has spanned more than seven years, from two police investigations, a civil settlement, parliamentary hearings and independent probes by Hockey Canada and the NHL, to a tumultuous and intense weeks-long trial this spring plagued early on by disruptions. As you await the verdict, follow our guide to catch up on the case that has put Canada's legal system – and the country's beloved game – under the microscope. What to know about the Hockey Canada trial ahead of the verdict. - Globe staff Justice Maria Carroccia is scheduled to deliver her verdict after 10 a.m. ET in the same courtroom in London, Ont., where she heard the case. This date was set in mid-June.
Globe and Mail
18-07-2025
- Politics
- Globe and Mail
Politics Insider: Canada's Supreme Court tightens rules for youth offender sentencing
Hello and welcome to Politics Insider. Let's take a look at what happened this week. Canada's Supreme Court has made it more difficult for judges to sentence youth offenders convicted of serious crimes, such as first-degree murder, as adults for their actions. David Ebner reports that, in two related decisions today, the top court provided added detail on how the law should be interpreted by the lower courts. In Canada, few young people are convicted of such serious crimes, and thereafter sentenced as adults, but the decisions are still likely to represent important precedents in how lower courts decide these cases in the future. In the primary ruling written by Justice Nicholas Kasirer, in a 7-2 majority, the top court said the Crown must prove beyond a reasonable doubt that a young person does not merit the presumption of diminished blame for their crime on account of their youth. Also this week, a landmark meeting between Mark Carney and First Nations leaders ended with a divergence of views on display that signalled a long road ahead for the Prime Minister's plan to fast-track major projects. Emily Haws and Stephanie Levitz report that some leaders emerged with a sense that Carney had listened thoughtfully to their points of view. Others said the meeting was too disorganized and last minute to be considered meaningful dialogue in response to the central concern: whether First Nations rights will be respected and protected alongside the implementation of Bill C-5. The law requires consultation with Indigenous peoples to determine which projects would be deemed in the national interest, and to develop the conditions under which chosen projects could proceed. Canada Post union calls on employees to reject latest offer: The Canadian Union of Postal Workers says the agreement would erode job security and pension benefits in the long-run and expand Canada Post's part-time workforce at the expense of full-time jobs. Army removes commanding officer after alleged racist, sexual social-media posts by soldiers: Army commander Lieutenant-General Michael Wright said he was taking steps to address the 'inappropriate behaviour' of Canadian Army members involved in the 'Blue Hackle Mafia' Facebook group. China says Canada's steel crackdown violates WTO rules: The Chinese embassy in Ottawa criticized duties Canada slapped on Chinese imported steel this week, saying they violate World Trade Organization rules and disrupt the global trade order. Ontario Progressive Conservatives schedule convention for the same time as Poilievre's leadership review: The duelling conventions highlight the growing distance between the two parties that was laid bare during the recent federal election. Ottawa looking at ways to `kickstart' housing market, Housing Minister says: 'We've got to look at how to best support and intervene where needed,' Gregor Robertson told The Globe and Mail, responding to a downturn in the residential real-estate sector. Documents used to assess asylum cases fail to account for Trump's edicts, advocates say: Lawyers representing refugee claimants and migrants facing deportation from Canada are calling for an urgent update for the official package of documents on conditions in the U.S. Ottawa's massive defence spending set to transform industry: The federal government's focus on military spending presents an opportunity for major new lines of business and lucrative contracts. Alberta Premier dismisses report finding province complicated Jasper wildfire response: Today, Danielle Smith played down findings from the report, which was commissioned by the municipality of Jasper and examined perspectives from firefighters and other people involved in the effort against the wind-whipped conflagrations that devastated at least one-third of the buildings in the town. B.C. Premier shakes up cabinet: David Eby says this week's cabinet changes, which include former housing minister Ravi Kahlon taking over as jobs minister, are a strategic shift in order to focus on jobs and the economy. New Business Council VP: Theo Argitis, the former Ottawa bureau chief for Bloomberg News, has joined the Business Council of Canada as a senior vice president of policy. Most recently, he was editor-at-large at The Hub, a digital news outlet. Minister on the Road: Finance Minister François-Philippe Champagne is in the South African city of Durban today, concluding two days of meetings of G20 and G7 finance ministers and central bank governors. Also along for the meetings: Bank of Canada Governor Tiff Macklem. Premiers meet: Canada's premiers and territorial leaders are meeting in the town of Huntsville, about 200 kilometres north of Toronto, next week. Members of the Council of the Federation will gather from Monday to Wednesday. Items on the agenda include Canada-U.S. relations, national security and sovereignty. Prime Minister Mark Carney is also set to join the gathering on Tuesday, making it a meeting of first ministers. New government rep in Senate: Prime Minister Mark Carney has appointed former Quebec cabinet minister Pierre Moreau, now a senator, as Government Representative in the Senate, replacing Marc Gold, who retired from the Senate last month after reaching the mandatory retirement age of 75. Who was the first leader of the Green Party of Canada? Scroll to the bottom of this newsletter for the answer. A shrinking population is hardly what the country needs right now When a wildfire threatened my hometown, I realized the places you love can disappear in an instant Got a news tip that you'd like us to look into? E-mail us at tips@ Need to share documents securely? Reach out via SecureDrop. The answer to today's question: Trevor Hancock, a public-health physician and professor emeritus at the School of Public Health at the University of Victoria. Under Hancock's leadership, the party ran a total 60 candidates in the 1984 federal election. This was the election that saw Brian Mulroney lead the Progressive Conservatives to winning the most seats in Canadian political history - 211 in a Commons with 281 in total. The Greens did not win any seats, and earned 0.21 per cent of the vote.
