The Crown has announced it will not appeal the not guilty verdicts in the high-profile Hockey Canada sexual assault trial. This decision follows the acquittal of five former junior hockey players by an Ontario Superior Court judge on July 24. The players—Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé, and Cal Foote—were accused of sexually assaulting a woman known as E.M. in a hotel room in London, Ontario, in June 2018.
The Ontario Ministry of the Attorney General had a 30-day window to file an appeal after the ruling. Crown attorney Meaghan Cunningham confirmed the decision not to appeal on Thursday, just days before the deadline. The judge, Maria Carroccia, found the evidence presented by E.M. to be neither credible nor reliable, stating that the Crown failed to prove she did not consent to the sexual activity.
During the trial, E.M. testified that she had consensual sex with McLeod but alleged that he later invited other players into the room without her consent. The trial lasted eight weeks and included extensive cross-examination of E.M., who was challenged on her recollections of the night in question. Carroccia noted inconsistencies between E.M.'s testimony and her previous statements, which contributed to her ruling.
In her 90-page judgment, Carroccia stated, "The Crown cannot meet its onus on any of the counts before me." She emphasized that E.M. had exaggerated her level of intoxication and had acted in a sexually forward manner during the encounter. The judge's ruling was described by defense attorneys as a "vindication" for the players.
The case attracted significant media attention and public scrutiny, particularly after it was revealed that Hockey Canada had settled a civil lawsuit with E.M. for an undisclosed amount. The allegations against the players became public in 2022, prompting renewed interest in the case and leading to criminal charges against the five men.
Following the acquittals, the players remain suspended from Hockey Canada programs and are ineligible to play in the NHL until further notice. The league has stated that the behavior described in the allegations was "very disturbing" and unacceptable, despite the not guilty verdicts.