Warning: This story contains graphic details and allegations of sexual assault
One of the accused in the sexual assault trial of five former members of Canada’s world junior hockey team began testifying Thursday after the Crown formally closed its case in a London, Ont., courtroom.
David Humphrey, representing Michael McLeod, said he would not be calling evidence, given McLeod’s police statement in 2018 was already shown in court via video taken in 2018.
Megan Savard, lawyer for Carter Hart, called on Hart to testify in the trial.
Savard asked Hart about the complainant, known as E.M.
“Did you have sexual contact with her?” Savard asked.
“Yes,” he answered.
“Was it consensual?” Savard asked.
“Yes,” Hart answered.
Hart testified he saw E.M. laying on a bedsheet on the floor masturbating and asking guys to have sex with her in room 209 in the Delta Hotel in London, Ont.
Savard asked Hart how he was feeling about what was going on in the room.
“Pretty excited,” he said. “I’m 19 years old and there’s a naked girl in the room doing these things willingly. I’d never seen something like this before.”
Hart testified he was single at the time but “did not want to have intercourse with her” and asked if she could give him oral sex.
He said E.M. crawled towards him on her knees and gave him oral sex. The sexual encounter lasted “about 30 to 60 seconds” because he “couldn’t get fully erect” he said.
Hart testified that E.M. started to get “annoyed” because no one was having sex with her.
He said he remembers Alex Formenton going to the washroom with E.M.
Court previously heard Formenton and E.M. had sexual intercourse in the washroom; the Crown alleges that was nonconsensual.
Hart testified he was standing next to where Cal Foote did the splits that night.
The sexual assault charge against Foote stems from the Crown’s allegation he did the splits over E.M.’s face while she was laying on the ground, and his genitals grazed her face.
Hart said Foote did not make physical contact with E.M. and he was fully clothed.
E.M., alleges she was sexually assaulted in room 209 of the Delta Hotel in the early morning hours of June 19, 2018.
The charges against the players were laid after E.M. settled a lawsuit with Hockey Canada in 2022.
Along with co-accused Dillon Dube, Mcleod, Foote, and Formenton have all pleaded not guilty.
Humphrey begins questioning
McLeod’s lawyer began asking Hart about what he remembered in regard to the night of the alleged assaults.
Humphrey asked Hart about the phone call with McLeod on June 26, 2018.
Hart said he called McLeod to figure out if it was a Hockey Canada or a police investigation.
Hilary Dudding begins questioning
The second defence lawyer to examine Hart was Formenton’s lawyer, Hilary Dudding.
She asked Hart if he had any memory of players being “disrespectful” to E.M.
“If something like that would have happened, I would have stopped or I would have left … If something disrespectful or degrading happened, it’s not ok.,” he said.
Dudding asked Hart if he saw any “spitting or degrading behaviour.”
He responded, “I never saw anything like that.”
Julie Santarossa begins questioning
Dillon Dube’s lawyer, Julie Santarossa, began questioning Hart.
Hart agreed with her that Dube was one of the last guys to arrive in room 209 and one of the first to leave.
Hart said no one slapped E.M.’s buttocks while she was giving him oral sex and he didn’t see any slapping while he was in the room.
He also said he did not see any golf clubs or golf balls in the room.
Court previously heard that the men were “joking” about putting golf clubs and golf balls inside E.M.
Julianna Greenspan begins questioning
Cal Foote’s lawyer, Julianna Greenspan, focused on her client and asked about him doing the splits.
Hart testified that there was no physical contact between E.M. and Foote, and he had his shorts and t-shirt on.
Greenspan suggested: “It was a fun exchange, and you could see her smiling and laughing?”
Hart agreed.
Crown will cross examine Friday
The Crown has asked for time, until Friday morning, to prepare for cross-examination of Hart.
If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:
If you are in immediate danger or fear for your safety, you should call 911.
A full list of sexual assault centres in Canada that offer information, advocacy and counselling can be found on the website for Ending Sexual Violence Association of Canada.
Helplines, legal services and locations that offer sexual assault kits in Alberta, B.C., Saskatchewan, Manitoba, Quebec, Ontario and Nova Scotia can be found here.
National Residential School Crisis Line: +1 866 925 4419
24-hour crisis line: 416 597 8808
Canadian Human Trafficking Hotline: +1 833 900 1010
Trans Lifeline: +1 877 330 6366
Sexual misconduct support for current or former members of the Armed Forces: +1 844 750 1648
Read about your rights as a victim here.
