Five former NHL players charged with sexual assault were given dispensation not to appear in court
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Five former NHL players charged with sexual assault were given dispensation not to appear in court for pre-trial hearings, Ontario Supreme Court Justice Bruce Thomas told a courtroom here Thursday.
Thomas told those in attendance at the beginning of Thursday's pre-trial hearings that the decision to excuse the players from attending was his and his alone, citing an approval for an application made in August by counsel for the defence. There was an expectation by some that the players would appear for the first time collectively in court. They were instead represented by their lawyers.
Thomas said the players were excused for "compelling economic reasons."
Thomas also repeated that, outside of comments regarding that motion, the information heard and shared during ongoing pre-trial hearings, including the identity of the woman involved, E.M., were subject to a publication ban.
The case has been in judicial pre-trial hearings over the summer, some of them previously in front of Justice Renee Pomerance. Thomas, an acting regional senior justice, recently took over the trial hearings. A second pre-trial hearing, set for Friday, will be in camera, meaning the public and media cannot attend.
Charged with one count each of sexual assault are Dillon Dube, Cal Foote, Carter Hart and Alex Formenton. Michael McLeod has been charged with two counts of sexual assault, including one relating to aiding someone else in the offence.
None of the charges have been tested in court.
The five players are unrestricted free agents after not being given qualifying offers by their former NHL teams. Dube and McLeod signed with KHL teams over the summer and are presumed to not be in Canada, as that league's season is underway. Foote and Hart have not been signed and Formenton is working in construction in Barrie, Ont.
In his ruling, Thomas wrote that the waiver to attend the pre-trail hearings:
"A significant accommodation," in the Crown's words. "The applicants have each provided an affidavit wherein they acknowledge the importance of the proceedings and waive the necessity of attending the hearings," Thomas wrote. "It is clear each of the applicants has a need to work or find work not only to sustain themselves, but to pay their expenses, which at this point include legal fees."
He added that he might revisit the accommodation later in the process.
In May 2022, a report revealed that Hockey Canada had settled a civil lawsuit with a woman in London after she alleged she was sexually assaulted by eight men, including members of the 2018 men's world junior team, following an event honouring the team in June 2018. An investigation by the London Police Service was launched in the summer of 2018 and closed in February 2019, with investigators concluding that there was insufficient evidence to lay charges. Alongside widespread scrutiny of Hockey Canada's handling of the situation, London police reopened its investigation in July 2022.
The next set of pre-trial motions are scheduled to begin Nov. 25. Further applications are scheduled to be heard Jan. 27-31, 2025. Lawyers for the players have said previously they would like the trial to begin as soon as possible. Jury selection is scheduled to begin Sept. 8, 2025, with the trial beginning after the jury has been chosen, although that could move earlier if pre-trial hearings are concluded sooner.
| POLL | ||
9 SEPTEMBRE | 17 ANSWERS Five former NHL players charged with sexual assault were given dispensation not to appear in court Do you feel that the players faces charges, shouldn't have been granted leave to not attend the trial? | ||
| YES | 11 | 64.7 % |
| NO | 6 | 35.3 % |
| LIST OF POLLS | ||
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