London, Ontario – The potential start date for a jury trial involving five members of Team Canada’s 2018 world junior hockey team who have been charged with sexual assault may be pushed back to 2025. In a recent virtual session overseen by Justice Alissa Mitchell, Crown and defense attorneys agreed to hold three weeks of pre-trial motions starting on November 25. If these hearings take the full allotted time, they will conclude on December 13. However, legal experts argue that this timeline suggests the actual trial is unlikely to begin until the following year.
Nicolas Lust, an Ottawa-based criminal defense attorney, stated that it would be impractical to hold a trial in the same month as the pre-trial motions, which are expected to require some time for the judge to deliberate and rule on. Consequently, additional weeks will likely be needed for both sides to refine their trial strategies. Lust’s assessment aligns with earlier predictions made by several lawyers, who believed that pre-trial motions related to sections 276 and 278 of the Canadian Criminal Code would be filed. These sections pertain to the use of evidence concerning the sexual history of a complainant and the inclusion of certain records, respectively.
The charges against Alex Formenton, Carter Hart, Dillon Dubé, Michael McLeod, and Cal Foote stem from an alleged incident in June 2018 that occurred after a Hockey Canada gala celebrating the team’s gold medal win at the 2018 world junior hockey championship. The accused players were charged with one count of sexual assault, with McLeod facing an additional charge for “being a party to the offense.” The trial, initially scheduled for May 14, has now been tentatively delayed due to the extended duration of the pre-trial motions.
As the legal proceedings continue, the five players have received leaves of absence from their NHL teams. Although they are currently without NHL contracts, they will become restricted free agents on July 1. NHL commissioner Gary Bettman has indicated that it is unlikely for the players to return to the league until their legal situation is resolved, urging them to focus on their defense.
The defense attorneys for the accused players have expressed a need for additional evidence to be turned over, and a judicial pre-trial hearing has been set for April 16 to address this matter. However, it remains to be seen which pre-trial motions the defense plans on filing. The lengthy duration allocated for the pre-trial motions has led legal experts to believe that multiple motions will likely be submitted.
While a firm start date for the trial is yet to be confirmed, all parties involved acknowledge the necessity of allowing time for the judge’s ruling on the pre-trial motions and subsequent adaptation of trial strategies. Therefore, it is increasingly likely that the jury trial will not commence until 2025.