Latest news with #MariaCarroccia
CTV News
23-05-2025
- CTV News
Judge in hockey players' trial to rule on admissibility of ex-teammate's texts
A court sketch shows Justice Maria Carroccia in a London, Ont. courtroom on May 21, 2025. (Source: Alexandra Newbould)
Yahoo
20-05-2025
- Sport
- Yahoo
How a judge-alone trial may impact the Hockey Canada sexual assault case
Justice Maria Carroccia's decision to discharge the jurors in the case against five former world junior hockey players charged with sexually assaulting a woman in a London, Ont., hotel room in 2018 has raised legal questions about the future of the trial. On Friday, Carroccia decided the Superior Court trial, which began on April 25 with jury selection, would proceed as judge-alone, meaning Carroccia will determine the legal fate of the defendants. Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart and Michael McLeod — who all had NHL careers but are no longer in the league — have all pleaded not guilty. The sudden decision to discharge the jury came after a juror sent a note to the judge. It outlined concerns that two of the defence lawyers appeared to be whispering to each other and laughing at some of the jurors while they were entering the courtroom. Lawyers Dan Brown and Hilary Dudding, who represent Formenton, denied the accusations. Still, Carroccia determined the jury could no longer be impartial in rendering a verdict and discharged them. This is the second time the jury has been dismissed in this case. Last month, a mistrial was called, again as a result of a jury-lawyer issue. It set the stage for the current trial, which began last late month and resumes this morning. CBC News spoke to legal experts not associated with the world junior case to discuss the latest turn of events and what this may mean going forward. Should the judge have discharged the jury? Cassandra DeMelo, president of the London Criminal Lawyers' Association, said she believes Carroccia made the right call in deciding to proceed before the judge only, as the jury was showing clear disdain or lack of respect for the defence counsel. "I don't see how you could have continued with a jury after a comment like that about their alleged behaviour," DeMelo said. The Crown had initially proposed either a mistrial with a whole new jury or an inquiry of the jury. During an inquiry, the jurors would have been individually interviewed to determine whether they held any biases. But Toronto-based criminal defence lawyer Laura Metcalfe suggested it may not have even mattered whether those jurors could have set aside their strong resentment toward the lawyers in question. "I don't see how at the end of the day, if the verdict is unfavourable ... how they [the accused men] and their family members can feel like they had a fair trial," she said. Eventually, the Crown reluctantly agreed for a judge to hear the remainder of the trial alone. In part, the decision was made to avoid having to retry the case and submit the complainant — E.M., whose identity is protected under a standard publication ban — to another round of testimony that may "further traumatize" her. Could lawyers who denied ridiculing jurors still be disciplined? The Law Society of Ontario regulates lawyers and paralegals in the province. Any member of the public has the right to file a complaint with the society about a legal professional's behaviour. DeMelo said that in the world junior hockey case, any complaint would likely have to be made by someone with direct knowledge of the alleged incident — otherwise, it wouldn't likely get very far. "Someone with direct knowledge who was in the room — either a spectator, a juror, Crown counsel, the judge themselves — can make law society complaints. Lots of different people could make law society complaints who were in that room." WATCH | WARNING: This video contains disturbing details: Why London hockey trial's jury was dismissed: Metcalfe, however, said she doesn't believe the lawyers will face any action. "Would I be shocked if what occurred here was ever something that should be the subject of discipline? Yes, because I strongly believe that two senior counsels who are officers of the court, who have their reputation on the line are not going to mislead the court when they say [snickering at the jury] is not our intention." Will the Crown or defence change strategy? DeMelo said both the Crown and defence counsel will now likely be more to the point. "With juries, you really have to spell it out," she said. "With judges, you don't necessarily. It's going to benefit all the parties in that they get to just get to the point and maybe not belabour things so much to really drive it home." Because of that, the defence lawyers may also reconsider whether they still need to call certain witnesses, DeMelo added. "I could see theoretically one of these hockey players that were a colleague that weren't charged but were nearby — maybe they don't need to call them anymore. Maybe their evidence seems less important." Metcalfe added that from the defence lawyers' perspective, their closing arguments could possibly be shortened. "There will be a difference in how you communicate why there is reasonable doubt." They also would not need to take time to explain to the judge the presumption of innocence or the different rules assessing the evidence of complainants in a sexual assault trial, Metcalfe noted. Will the change to judge only affect the trial's length? There are various ways a judge-alone trial may save court time, thus shortening how long it takes to complete the trial. In a jury trial, jurors are often sent out of the courtroom for a time if Crown or defence lawyers need to argue a particular point of law that they don't believe jurors should be present to hear. In the hockey case, that is no longer a concern. WATCH | DeMelo said the trial will likely end up being shorter in other significant ways. For one, without a jury, there's less potential for delays in the proceedings because a juror may be sick or unable to attend on a particular day. Most substantively, DeMelo said, time could be saved at the end of the trial, when legal counsel and the judge normally address the members of the jury before they head out for deliberations. In the case of the judge, Carroccia won't have to detail instructions to jurors. Time may also be saved when it comes to the lawyers giving their closing submissions, DeMelo said, as they would be directed only at the judge.
CBC
20-05-2025
- Sport
- CBC
How a judge-alone trial may impact the Hockey Canada sexual assault case
Social Sharing Justice Maria Carroccia's decision to discharge the jurors in the case against five former world junior hockey players charged with sexually assaulting a woman in a London, Ont., hotel room in 2018 has raised legal questions about the future of the trial. On Friday, Carroccia decided the Superior Court trial, which began on April 25 with jury selection, would proceed as judge-alone, meaning Carroccia will determine the legal fate of the defendants. Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart and Michael McLeod — who all had NHL careers but are no longer in the league — have all pleaded not guilty. The sudden decision to discharge the jury came after a juror sent a note to the judge. It outlined concerns that two of the defence lawyers appeared to be whispering to each other and laughing at some of the jurors while they were entering the courtroom. Lawyers Dan Brown and Hilary Dudding, who represent Formenton, denied the accusations. Still, Carroccia determined the jury could no longer be impartial in rendering a verdict and discharged them. This is the second time the jury has been dismissed in this case. Last month, a mistrial was called, again as a result of a jury-lawyer issue. It set the stage for the current trial, which began last late month and resumes this morning. CBC News spoke to legal experts not associated with the world junior case to discuss the latest turn of events and what this may mean going forward. Should the judge have discharged the jury? Cassandra DeMelo, president of the London Criminal Lawyers' Association, said she believes Carroccia made the right call in deciding to proceed before the judge only, as the jury was showing clear disdain or lack of respect for the defence counsel. "I don't see how you could have continued with a jury after a comment like that about their alleged behaviour," DeMelo said. The Crown had initially proposed either a mistrial with a whole new jury or an inquiry of the jury. During an inquiry, the jurors would have been individually interviewed to determine whether they held any biases. But Toronto-based criminal defence lawyer Laura Metcalfe suggested it may not have even mattered whether those jurors could have set aside their strong resentment toward the lawyers in question. " I don't see how at the end of the day, if the verdict is unfavourable ... how they [the accused men] and their family members can feel like they had a fair trial," she said. Eventually, the Crown reluctantly agreed for a judge to hear the remainder of the trial alone. In part, the decision was made to avoid having to retry the case and submit the complainant — E.M., whose identity is protected under a standard publication ban — to another round of testimony that may "further traumatize" her. Could lawyers who denied ridiculing jurors still be disciplined? The Law Society of Ontario regulates lawyers and paralegals in the province. Any member of the public has the right to file a complaint with the society about a legal professional's behaviour. DeMelo said that in the world junior hockey case, any complaint would likely have to be made by someone with direct knowledge of the alleged incident — otherwise, it wouldn't likely get very far. "Someone with direct knowledge who was in the room — either a spectator, a juror, Crown counsel, the judge themselves — can make law society complaints. Lots of different people could make law society complaints who were in that room." WATCH | WARNING: This video contains disturbing details: Why London hockey trial's jury was dismissed: Why the jury was discharged in the ex-world junior players' trial 4 days ago Duration 1:36 Justice Maria Carroccia discharged the jurors in the sexual assault trial of five former world junior hockey players. Both the defence and Crown agreed that the trial would go ahead with a judge alone. The decision was sparked by a note a juror sent to the judge. CBC's Katie Nicholson explains. Metcalfe, however, said she doesn't believe the lawyers will face any action. "Would I be shocked if what occurred here was ever something that should be the subject of discipline? Yes, because I strongly believe that two senior counsels who are officers of the court, who have their reputation on the line are not going to mislead the court when they say [snickering at the jury] is not our intention." Will the Crown or defence change strategy? DeMelo said both the Crown and defence counsel will now likely be more to the point. "With juries, you really have to spell it out," she said. "With judges, you don't necessarily. It's going to benefit all the parties in that they get to just get to the point and maybe not belabour things so much to really drive it home." Because of that, the defence lawyers may also reconsider whether they still need to call certain witnesses, DeMelo added. "I could see theoretically one of these hockey players that were a colleague that weren't charged but were nearby — maybe they don't need to call them anymore. Maybe their evidence seems less important." Metcalfe added that from the defence lawyers' perspective, their closing arguments could possibly be shortened. "There will be a difference in how you communicate why there is reasonable doubt." They also would not need to take time to explain to the judge the presumption of innocence or the different rules assessing the evidence of complainants in a sexual assault trial, Metcalfe noted. Will the change to judge only affect the trial's length? There are various ways a judge-alone trial may save court time, thus shortening how long it takes to complete the trial. In a jury trial, jurors are often sent out of the courtroom for a time if Crown or defence lawyers need to argue a particular point of law that they don't believe jurors should be present to hear. In the hockey case, that is no longer a concern. WATCH | 'Unusual' jury discharge in world junior hockey sex assault trial explained: 'Unusual' jury discharge in world junior hockey sex assault trial explained | Hanomansing Tonight 3 days ago Duration 4:51 DeMelo said the trial will likely end up being shorter in other significant ways. For one, without a jury, there's less potential for delays in the proceedings because a juror may be sick or unable to attend on a particular day. Most substantively, DeMelo said, time could be saved at the end of the trial, when legal counsel and the judge normally address the members of the jury before they head out for deliberations. In the case of the judge, Carroccia won't have to detail instructions to jurors.
CBC
17-05-2025
- CBC
'Unusual' jury discharge in world junior hockey sex assault trial explained
Justice Maria Carroccia discharged the jury for the second time at the trial of the five former Team Canada world junior players. We break down the stunning developments and get reaction from Sarah Leamon, a criminal defence attorney who has been watching the trial.
Time of India
17-05-2025
- Time of India
Canadian hockey sexual assault trial takes dramatic turn as judge dismisses jury over defense conduct concerns
Judge dismisses jury in Canadian sexual assault case (TSN/Twitter) The high-profile sexual assault trial involving five former Canadian hockey players took an unexpected and serious turn Friday when Ontario Superior Court Justice Maria Carroccia dismissed the jury due to allegations of misconduct by defense attorneys. The move will now place the responsibility of the verdict solely in the hands of the judge. Jury dismissed after claims of inappropriate conduct from defense lawyers The decision followed a formal complaint from a juror who submitted a note stating that multiple jury members felt mocked and ridiculed by the defense lawyers as they entered the courtroom. The juror alleged that attorneys Daniel Brown and Hilary Dudding—who represent one of the accused—laughed at them during proceedings. Both lawyers have firmly denied the accusation. — LFPress (@LFPress) by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Tukarkan Bitcoin dan Ethereum - Tanpa Dompet Diperlukan! IC Markets MULAI SEKARANG Undo Though Justice Carroccia stated she had not observed any behavior from counsel that concerned her directly, she acknowledged that the jurors' perception of bias could affect the impartiality of the trial. 'The jurors' negative impression of the defense could impact the jury's impartiality and was a problem that could not be remedied,' she concluded, thereby opting for a judge-only trial moving forward. Players charged in connection with 2018 Hockey Canada event The case involves five former junior hockey players—Michael McLeod, Dillon Dube, Carter Hart , Cal Foote, and Alex Formenton—who were charged in 2024 following renewed investigations into a 2018 incident in London, Ontario. The alleged assault took place during a Hockey Canada gala celebrating their world junior championship win. McLeod faces an additional charge of being a party to the offense. All five men have pleaded not guilty and are currently not affiliated with any NHL team or under contract. Survivor testifies about traumatic night and lack of consent The woman at the center of the case testified remotely, stating that she was drunk, naked, and frightened when multiple men entered a hotel room. 'I felt I had to go along with what the men wanted me to do,' she said. The prosecution argues that the men never made efforts to confirm consent. Defense attorneys, however, challenged her credibility during extensive cross-examinations, suggesting she willingly participated. She responded that she has no memory of initiating anything and insisted the players should have known she was in no condition to consent. Also Read: Mitch Marner's last stand in Toronto? Leafs star poised to walk away amid team's playoff collapse and front office friction With the trial now in the hands of the judge, attention shifts to how Justice Carroccia will navigate this deeply sensitive and complex case. Get IPL 2025 match schedules , squads , points table , and live scores for CSK , MI , RCB , KKR , SRH , LSG , DC , GT , PBKS , and RR . Check the latest IPL Orange Cap and Purple Cap standings.
