Latest news with #MeaghanCunningham
Time of India
23-07-2025
- Sport
- Time of India
Hockey Canada sexual assault trial: Legal experts say consent videos in the trial reveal troubling public misunderstandings
Canadian sexual assault case involving former junior hockey players raises questions about consent (Getty Images) 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.' by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 15 most beautiful women in the world Undo 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!
National Post
14-06-2025
- Sport
- National Post
Players failed to confirm woman's consent, Crown says as closing arguments end at Hockey Canada trial
'Myths and stereotypes' about sexual assault shouldn't have had a place at the trial of five 2018 Team Canada world junior hockey players, but the Crown on Friday said they have taken centre stage. Article content At the end of the prosecution's lengthy closing argument, Crown attorney Meaghan Cunningham said the defence teams' strategies relied heavily on attacking the credibility of the 27-year-old woman who says she was sexually assaulted in a London hotel room seven years ago – instead of addressing evolving legal standards around consent. Article content Article content 'Relying on myths and stereotypes to discredit sexual assault complainants is an error of law,' Cunningham said to Superior Court Justice Maria Carroccia. Article content Article content The Crown has argued the men who had sexual contact with the woman inside Michael McLeod's room at the Delta Armouries hotel in London on June 19, 2018, did not obtain the legal consent and should be found guilty. However, Cunningham said the defence leaned on victim-blaming, painting the woman – who was 20 at the time – as someone who 'abandoned restraint' and offered sex to the men in Room 209. Article content Cunningham said it is a stereotype that 'women signal their sexual availability by drinking and going out and getting drunk and dancing and flirting on the dance floor, that all of these things make it more likely that she also chose to engage in sexual activity with the men back at the hotel. Article content 'It's not only a myth, but I submit it is not what happened here on the evidence.' Article content McLeod, 26, Carter Hart, 26, Dillon Dube, 26, Alex Formenton, 25, and Cal Foote, 26, have each pleaded not guilty to sexual assault. McLeod has also pleaded not guilty to a second charge of sexual assault for being a party to the offence. Article content Article content The case surrounds a night of partying in London on June 18 and 19, 2018, when the Canadian world junior team was in the city for a Hockey Canada gala and golf tournament celebrating the team's gold medal months earlier. Article content McLeod and the woman met at Jack's bar on Richmond Row and returned to his hotel room for consensual sex. What happened after is at the heart of the trial. Article content The woman has testified that when she emerged naked from the bathroom, she found a group of players in the room invited by McLeod for sexual activities. Article content Along with being drunk, the woman said she had a trauma response and felt her mind separate from her body to cope with the demands of the men who directed her to participate in several sexual activities. The Crown says the woman was vulnerable, outnumbered and went along with what happened. Article content The defence has pointed to the woman as the aggressor and instigator of the sexual activity, first masturbating in front of them while on a bedsheet spread on the floor, then begging and taunting the men for sex. Some took her up on her offers and insist she consented to the activities.
National Post
13-06-2025
- Sport
- National Post
Hockey Canada trial: Fear, not consent, drove woman's actions, Crown says
The 'myth of the ideal victim,' the Crown says, is at the heart of the Team Canada 2018 world junior hockey sexual assault trial. Article content And so is 'why some people feel that victims aren't treated fairly in the criminal justice system,' said Crown attorney Meaghan Cunningham during her closing argument at the high-profile Superior Court trial. Article content Article content Cunningham, on the second day of her closing argument, took aim Thursday at the criticisms from the defence teams of five teammates from the gold medal team, that the 27-year-old woman presented herself during her nine days of evidence as someone with an agenda who ultimately can't be believed. Article content 'She can't win,' Cunningham said. Article content Article content 'She's either too emotional – she's combative. If she's not emotional enough, she's rehearsed. If she refuses to agree with suggestions, she's combative and difficult. But if she does agree, she doesn't know her own mind. If she uses the same language at multiple points, it's contrived, but if she uses different language, she's inconsistent.' Article content Cunningham said this strategy by the defence 'finds its roots … in this myth of the ideal victim, that there is a right way for someone to look or sound when they're describing sexual assault, that there's a correct way or a good way for a real victim to testify.' She argued the complainant, whose identity is protected by a court order, has been consistent in her answers and urged Superior Court Justice Maria Carroccia to find the woman forthright and truthful. Article content The five players – Michael McLeod, 27, Carter Hart, 26, Dillon Dube, 26, Cal Foote, 26, and Alex Formenton, 25 – all members of the 2018 championship team who went on to professional careers, have pleaded not guilty to sexual assault . McLeod also has pleaded not guilty to a second sexual assault count for being a party to an offence. Article content Article content They were charged in early 2023 after London police reopened its investigation into what occurred in Room 209 of the Delta Armouries hotel in London on June 19, 2018, during a Hockey Canada gala and golf tournament. Article content The woman, then 20, met McLeod at Jack's bar on Richmond Row and returned to the hotel with him for consensual sex. She testified she was drunk and was shocked, after the sexual encounter with McLeod, when several teammates assembled in his room, where she says she was sexually abused and assaulted without her consent. Article content She said she was drunk and had a trauma response that caused her to separate her mind from her body to cope with the sexual demands of the players. Article content The defence contends the woman was the aggressor who begged and taunted them for sexual activity. Some players took advantage of her offers.
Global News
13-06-2025
- Sport
- Global News
Crown expected to finish submissions in world junior sex assault trial
Prosecutors are expected to finish their closing submissions Friday in the sexual assault trial of five former members of Canada's world junior hockey team. Prosecutor Meaghan Cunningham argued Thursday that the complainant's actions should not be judged based on what others believe she should have done that night. The Crown has previously argued the woman did not voluntarily consent to the sexual acts that took place in a London, Ont., hotel room in the early hours of June 19, 2018, and that the accused did not take reasonable steps to confirm her consent. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote have pleaded not guilty to sexual assault, while McLeod has also pleaded not guilty to an additional charge of being a party to the offence of sexual assault. 2:28 World junior defence wraps closing submissions, Crown begins final pitch Defence lawyers representing the players made their closing submissions to the judge earlier this week, focusing largely on the complainant's credibility and reliability as a witness. Story continues below advertisement Lawyers for McLeod, Hart, Formenton and Dube argued their clients had consensual sexual contact with the woman, while Foote's lawyer argued he didn't touch her, sexually or otherwise. Ontario Superior Court Justice Maria Carroccia is expected to deliver her ruling in the case on July 24.
New York Times
12-06-2025
- Sport
- New York Times
Crown attacks defense's tactics, legal arguments in Hockey Canada trial
LONDON, Ont. – The Crown targeted a number of rape myths and stereotypes Thursday, challenging defense tactics and legal arguments, introducing case law about trauma response and memory, and arguing on behalf of E.M.'s credibility and reliability as a witness in the Hockey Canada sexual assault trial. Advertisement Crown attorney Meaghan Cunningham said the way defense attorneys have treated E.M.'s testimony explains why sexual assault victims don't come forward, citing 'accusatory' questions and 'laughing' and 'scoffing' as ways in which they have conveyed their disbelief. Cunningham said defense attorneys also misrepresented E.M.'s testimony on several occasions and attacked her testimonial demeanor in a way that was unfair. Cunningham pointed out that Hart's attorney, Megan Savard, argued in closing submissions this week that E.M. came off as too calm and rehearsed on the stand — and that it sounded like she was a 'P.R. professional.' 'This kind of argument really illustrates why some people feel that victims aren't treated fairly in the criminal justice system, because she can't win,' Cunningham said. 'If she's too emotional, she's combative. If she's not emotional enough, she's rehearsed. If she refuses to agree with suggestions, she's combative and difficult. But if she does agree, then she doesn't know her own mind. If she uses the same language at multiple points, then it's contrived, but if she uses different language, she's inconsistent.' Cunningham said that these ideas are all rooted in a 'myth of the ideal victim.' 'That there is a right way for someone to look and sound when they're describing sexual assault,' Cunnigham said. 'That there is a correct way, or a good way, for a real victim to testify.' Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote are all charged with sexual assault after an alleged incident in June 2018 in which E.M. — whose identity is protected by a publication ban — has said she was sexually assaulted over the span of several hours in a London, Ont., hotel room. The players were in town for a Hockey Canada event celebrating their 2018 World Junior Championship victory. Advertisement McLeod is also facing a second charge for 'being a party to the offense' for what the Crown has asserted was his role 'assisting and encouraging his teammates to engage sexually' with E.M. All five players have pleaded not guilty. Cunningham said that E.M. emerging naked from the bathroom of Room 209 to find more men in the room was a 'highly stressful' and 'unpredictable' situation. That helps explain how she was feeling in the moment, why she did not always behave in ways that seem logical to an outside observer and how this interlocks with case law that addresses trauma response and memory loss or gaps, Cunningham said. 'Some people will fight or resist, some people will try and flee, some people will freeze, some people will appease or fall back on habits and reflexes, some people will dissociate or detach from reality,' Cunningham said. 'And some people will do a combination of all of these things. These are all normal, predictable responses.' Cunningham addressed Julianna Greenspan's repeated assertions that E.M. used the word 'men' because she had an agenda. Greenspan is the attorney for Foote. 'Her desire to use accurate language at trial and actually refer to them as men does not demonstrate any sort of animus and agenda,' Cunningham said. 'She knows, as do we all, they were not boys when this thing happened. They were legally adults.' Cunningham contrasted that with defense attorneys 'continuously' referring to the defendants as 'boys' while also portraying E.M. as a 'woman,' with one even referring to her as an 'older woman.' 'This is a juxtaposition that infantilizes the defendant and leaves the impression that [E.M.] was more mature and bears a greater responsibility for her actions than the defendants do,' Cunningham said. 'There is no negative inference that can be drawn from [E.M.] using an entirely accurate term to describe the defendant. In reality, they were adults at the time. They were of a similar age and station in life to [E.M].' Advertisement Cunningham refuted the notion that E.M. had motive to fabricate based on some of the defense assertions — that she wanted to save face with her boyfriend, her mother and because of her civil claim. Instead, she argued that E.M.'s credibility as a witness is supported by the fact that she already had a cash settlement with Hockey Canada, so she had nothing to benefit from continuing in a criminal trial with her version of what happened if it wasn't true. 'She could have taken that money and run,' Cunningham said. 'She did not need to come to this court, participate in this trial and subject herself to nine days of testimony in order to keep that money. There is no connection between the money and her participation in this trial. There is quite simply no evidence of financial motive.' Prior to the afternoon break, Cunningham and Carroccia sparred considerably during Cunningham's argument that the June 26, 2018 group chat showed the genesis of the players crafting a narrative about what happened that night. The Crown prosecutor asserted that they used that as a forum to get on the same page about how to describe the events. Several things stated by players in that group chat were not true, Cunningham argued, yet still took hold and were integrated into a number of players' stories about what happened. She specifically took issue with the ideas that the players were coming to the room for food and that E.M. was 'begging' for sex. 'The group chat shows the participants in the chat were all exposed to a discussion of a developing narrative,' Cunningham said. 'Or they were repeating what they believed happened,' Carroccia responded. After a number of tense exchanges in which Cunningham asked Carroccia to consider the totality of the evidence in context of the entire chat, she abandoned the argument because she said she could tell that Carroccia did not find it 'persuasive.' Advertisement Cunningham returned to the idea of E.M. 'begging' for sex — multiple players, including Crown witnesses, said that E.M. was asking players for sex — and said that was inconsistent with other evidence. She asked why McLeod would take the 'consent videos' he filmed that night if he felt she was 'begging' for sex, why he would tell police in his 2018 police interview that he filmed them because he was 'worried something like this would happen' if she was consenting enthusiastically, and why, if she was 'begging' for sexual activity throughout the night, players had failed to capture that via video or audio recording. Cunningham referenced the fact that multiple witnesses have described points in which E.M. was crying (Brett Howden described it as 'weeping') and their reasoning — they said she was upset players in the room weren't engaging with her sexually — and said that reasoning was 'illogical.' 'But guys were doing stuff to her, right? Three guys put their penises in her mouth. Another guy put his penis in her vagina and her mouth. Guys were slapping her on the buttocks and doing the splits over her,' Cunningham said. If she was upset that people wouldn't 'do stuff' to her, and it's true that they didn't want to engage with her, why didn't they simply let her leave the room when she got dressed at multiple points and said she was going to leave? Cunningham asked. Cunningham ended the day by covering the elements of consent law the Crown was asking Carroccia to consider as part of its case — that E.M. did not voluntarily consent to the specific sexual acts that have been charged. Cunningham stressed that Canadian law does not allow for broad, unspecific consent and that it has to be renewed consistently and tied to a certain specific act, not to sexual activity writ large. 'Consent has to be ongoing and consciously given throughout the sexual activity in question. Consent is not a one-and-done box check at the beginning or end of an encounter.' Cunningham said, adding that consent 'cannot be given in advance. It has to be contemporaneous' with the specific act. Advertisement Cunningham said E.M. did not weigh her options in the hotel room that night and make a conscious choice: 'There is no voluntary agreement when she believes she has no choice in the matter.' Cunningham said that if this was not enough to convince Carroccia that the sexual activity was non-consensual, she asked her to alternatively consider that the fear and stress she felt vitiated E.M.'s consent. She pointed out that E.M. was naked in a room of eight to 10 men — who were strangers — not knowing what was going to happen or how they'd react if she tried to leave or say no. 'Sexual assault is a gendered crime. The vast majority of victims are female. The vast majority of perpetrators are male,' Cunningham said. 'We as a society are starting to have a better understanding of just how prevalent and pervasive all forms of violence against women are and how patriarchal structures contribute to and perpetuate that violence. This is not a new phenomenon. It is not controversial or novel to accept that for most women existing in society means experiencing the fear that you may become the victim of some form of violence of a man.' — The Athletic's Dan Robson contributed reporting remotely from Toronto. (Courtroom sketch of Crown attorney Meaghan Cunningham during E.M.'s closed-circuit TV testimony earlier in the trial by Alexandra Newbould / The Canadian Press via AP)
