Warning: This story contains graphic details and allegations of sexual assault
Crown attorney Meaghan Cunningham continued her final arguments in a London., Ont. courtroom on Friday morning in the sexual assault trial involving five former World Junior hockey players.
Cunningham argued the videos taken by Michael McLeod are “not evidence of consent” or any “reasonable steps” to “obtain consent.”
The Crown suggested McLeod was “concerned” the complainant, known as E.M., might “call this a sexual assault” and that is why he took the videos – in which the complainant is shown saying that she’s “OK with this” and that “it was all consensual.”
E.M. previously testified she knew what McLeod was trying to get her to say and knew what she “needed to say to just get out of there.”
“These videos actually confirm her evidence,” said Cunningham.
“They are examples of her going along with what they were telling her what to do.”
Cunningham finished her final arguments for the time being and assistant Crown attorney Heather Donkers began addressing the court.
Donkers focused on the “credibility” and “reliability” of each of the accused, starting with Carter Hart.
Carter Hart
Hart previously testified he asked E.M., “Can I get a blowie?” – a reference to oral sex.
Donkers argued no one else testified to that and even if the judge finds he did ask E.M., that is not consent.
“There is no evidence that E.M. ever asked for oral sex or offered it to anyone,” said Donkers.
The Crown argued that Hart found the night “exciting” and E.M. found it “traumatic.”
Michael McLeod
Donkers continued her submissions by alleging that “Mr. McLeod is guilty of sexual assault.”
She alleged that McLeod lied to police about inviting people to room 209 in the Delta Hotel and that his “willingness to lie to police about significant issues calls into question his credibility about other things.”
Dillon Dubé
Donkers went on to argue Dillon Dubé gave a voluntary statement to London police in 2018 and mentioned the oral sex he received from E.M. but left out the fact he slapped E.M.’s buttocks.
The Crown argued Dubé knew the slap “crossed the line.”
“He doesn’t tell the officer he slapped E.M. on the buttocks because that goes beyond the bounds of what he could reasonably portray as consensual,” said Donkers.
Donkers reminded the court that Brett Howden previously testified that when he heard E.M. being spanked, it made him so uncomfortable that he left the room.
Alex Formenton
The Crown then shifted focus to Alex Formenton.
Court previously heard Formenton had vaginal and oral sex with E.M. in the bathroom of room 209 in the early morning hours of June 19, 2018.
“E.M. testified she was not thinking of sex with Alex Formenton as a choice,” said Donkers.
Donkers reminded the judge Howden previously testified Formenton asked him something like, “Am I ok to do this?”
She suggested Formenton was not “quite sure” if what was about to happen “was consensual.”
Cal Foote
Cal Foote was the last of the accused to be addressed by Donkers.
“Mr. Foote is also guilty of sexual assault,” alleged Donkers.
The court previously heard Foote did the splits over E.M. while she was laying on the floor.
E.M. previously testified that someone, who had their pants off, did the splits over her face.
“He just put his penis on my face,” said E.M.
Hart previously testified Foote was fully clothed during the encounter and did not touch E.M.’s face.
The Crown completed their final submissions Friday afternoon, arguing the defence lawyers “weaponized” the guilt and shame the complainant, known as E.M., felt after the night of the alleged assaults.
Response from defence
Each defence lawyer responded to the Crown’s submissions.
David Humphrey
David Humphrey, lawyer for Micael McLeod, argued there were “misstatements or overstatements” by the Crown.
Humphrey argued E.M. was consenting “throughout the night” and reminded the judge that E.M. previously testified she was “liking the attention a little bit” while laying on the bedsheet masturbating in room 209.
He suggested multiple witnesses testified E.M. was asking for sex that night, which can be seen as circumstantial evidence that she was interested in sexual interactions.
Riaz Sayani
Riaz Sayani, lawyer for Carter Hart, said the judge should reject the Crown’s submission about trauma causing E.M. to act as she did in room 209.
Sayani argued using trauma to “forgive inconsistencies” is improper.
Sayani argued E.M. never mentioned being “scared” to the police until 2022.
Hilary Dudding
Hilary Dudding, representing Alex Formenton, pointed out the Crown suggested there was no evidence of conversation between Formenton and E.M. in the bathroom.
Dudding argued there was a “gap in evidence,” however, it does not mean the conversation did not take place.
Court previously heard Formenton had vaginal and oral sex with E.M. in the bathroom of room 209 in the early morning hours of June 19, 2018.
Lisa Carnelos
Lisa Carnelos, lawyer for Dillon Dubé, focused on Dubé’s 2018 statement to police.
Carnelos said it is “evident” from the statement itself that it was in no way “prepared.”
She argued Dubé’s “failure to mention” his contact with E.M.’s buttocks is not proof of “fabrication.”
The Crown previously argued Dubé knew the slap “crossed the line.”
Julianna Greenspan
Cal Foote’s lawyer Julianna Greenspan was the final defence lawyer to respond to the Crown’s submissions.
“There is no credible or reliable notion of fear in that room that night,” said Greenspan.
The fate of the five former members of Hockey Canada’s 2018 world junior hockey team, now lies in the hands of Justice Maria Carroccia, who is set to announce her verdicts on July 24.
All five former world junior players have pleaded not guilty to sexual assault in connection with an encounter at a hotel room in London in 2018.
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.
