Several weeks ago, I wrote about Hockey Canada’s alleged sexual assault scandal and the charges against members of its 2018 World Junior team (read the full blog here). I also detailed the many ways in which initial investigations were mishandled, both by Hockey Canada and law enforcement.
Carter Hart (Flyers), Michael McLeod (Devils), Cal Foote (Devils), Dillon Dubé (Flames), and Nick Formenton (formerly of the Senators) have all maintained their innocence. Now, as requested, the five players will be tried together before a jury.[1]
The case will be relocated from provincial court into superior court.[2] In a joint statement from their lawyers, the players said they are “confident that jurors drawn from the community will decide this case fairly and impartially after hearing all the evidence and testimony.”[3]
While the players may be confident in their case, one has to question the decision to be tried together before a jury.
Because the players’ charges are based upon the same facts, they can be tried together. This also means that each player’s role in the alleged incident may be used against all of them. The defense lawyers must feel strongly that their best argument involves the players being tried as a unit. Perhaps this is a situation where there is strength in numbers. Regardless, it will be interesting to see how the defense tries to prove its case.
Another potential concern is the role of the jury. This case has been the subject of immense public scrutiny. When various hockey organizations and the London Police seemingly ignored the situation, it was the public that took notice. Public outcry and government pressure caused the initial investigations to be reopened.[4] Given the Canadian public’s reaction to this incident, it is hard to believe that jurors will be sympathetic to current NHLers against an individual woman.
Normally, it may seem like a good sign that the case was moved to a higher court, but the national and international awareness of the case may negate any impartiality that could be gained from relocating.
On the other hand, a single trial may streamline this already drawn-out process and resolve the case sooner (one jury selection, less repeat testimony, etc.). Together, the defense could cast the alleged victim in a negative light and win its case. Perhaps a speedier trial will also get these players back on the ice and can be a step away from the current stigma surrounding Hockey Canada.
A trial date has not yet been set, and the case will back in court on April 30th.[5] Updates will be provided as they come.
Image credit: Steven Ellis/The Hockey News
[1] https://www.espn.com/nhl/story/_/id/39616964/ex-hockey-canada-players-facing-assault-charges-granted-trial
[2] Id.
[3] Id.
[4] https://theathletic.com/3437209/2023/07/17/hockey-canada-lawsuit-investigation-timeline/
[5] Id.
3L at the University at Buffalo School of Law
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