Former NHL players Carter Hart, Cal Foote, Dillon Dube, Alex Formenton and Michael McLeod, accused in a sexual assault following the World Junior Hockey Championships in 2018, arrive at the Court House in London, Ont., on April 22.Geoff Robins/The Globe and Mail
A judge declared a mistrial just days into the sexual-assault trial of five former members of Canada’s 2018 world junior hockey team, forcing the court to select another jury ahead of a new trial that is expected to start on Monday.
The mistrial upended proceedings in a case that has cast a cloud over amateur sport in Canada since the allegations were first made public about three years ago.
Ontario Superior Court Justice Maria Carroccia dismissed the original 14-member jury early Friday, though the reasons for the mistrial are protected under a publication ban.
“I’m sorry to have to tell you that I have declared a mistrial in this case,” Justice Carroccia told the jury. “As a result of that, this jury is discharged. Thank you very much for your attention and your service, although it was brief.”
The trial is still anticipated to be completed by mid-June.
Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote are each accused of sexually assaulting a woman, known publicly as E.M., in a hotel room in downtown London after a Hockey Canada gala in June, 2018. The woman’s identity is protected by a publication ban.
The five accused were charged in January, 2024. They appeared in court together to face trial on Tuesday, when they pleaded not guilty.
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On Wednesday, the first day of the trial, Justice Carroccia adjourned proceedings early. After the noon break, she called the jurors back briefly and told them: “Something happened over the lunch hour that I need to think about and to discuss with the lawyers.”
No evidence was called Thursday. On Friday, the jurors were brought back and told they were being sent home because of the mistrial ruling.
Later Friday, the five accused re-entered their pleas of not guilty and Justice Carroccia and the lawyers in the courtroom selected a new jury.
Justice Carroccia screened each prospective juror by asking set questions, including whether he or she had heard or read anything about the case.
When any said that he or she had, Justice Carroccia asked a follow-up: “Have you formed any opinion about the guilt or innocence of the defendants?”
Prospective jurors who said that they had no biases or preconceived notions that would interfere with their judgment of the evidence were allowed onto the jury.
The new 14-member jury consists mostly of women. There are also two alternates.
Justice Carroccia closed the day by telling the new jurors that she will formally address them early next week.
“We are going to start fresh on Monday morning,” she said.
Gary Martin, a criminal lawyer in Montreal who is not involved in the London case, said it was better to restart the proceedings immediately rather than carry on further and have a potential problem become a ground for appeals. He noted that while the jurors heard the Crown’s opening statement, those statements are not considered evidence.
“You may as well do it now before the jury has heard any other evidence and just disband the jury and that’s it,” said Mr. Martin, who was not familiar with the circumstances that led to the mistrial.
In 2018, Canada’s junior hockey team won the world championship. That June, Hockey Canada held a fundraising event in London, where the players were honoured. After the gala, many members of the team went out drinking and dancing in downtown London. A sexual assault is alleged to have occurred later that night.
In January, 2024, London police ordered five members of the team to surrender to face charges. At the time, all five men were playing professional hockey. Mr. Dubé was a member of the Calgary Flames, Mr. Hart was with the Philadelphia Flyers, and Mr. McLeod and Mr. Foote were playing for the New Jersey Devils. Mr. Formenton, who had previously been a member of the Ottawa Senators, was playing for the Swiss club, HC Ambri-Piotta.
With a report from Tu Thanh Ha
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