Report: Crown won’t appeal acquittals in 2018 Hockey Canada world junior trial

As first reported by TSN’s Rick Westhead on Thursday, the Crown will not appeal the acquittals of the five members of Hockey Canada’s 2018 World Junior team following the not guilty verdicts last month.

The Crown was given 30 days to file an appeal with the Court of Appeal for Ontario as of July 24.

Former NHLers Dillon Dubé, Cal Foote, Alex Formenton and Carter Hart all faced one count of sexual assault, while Michael McLeod faced two.

On July 24, Justice Maria Carroccia said she did not find the complainant, only known as E.M., to be “credible or reliable.” She also said that, “The Crown cannot meet the onus on any of the counts before me,” adding, “in this case, I have found actual consent not vitiated by fear.”

In June of 2018, the accused were in London, Ont., to celebrate Canada’s 2018 World Junior gold medal win. After the Hockey Canada event, members of the team attended a bar in downtown London, where they met the alleged victim (only known as E.M. due to a publication ban). The alleged assault took place in a hotel room in London.

In April of 2022, the alleged victim filed a statement of claim, seeking $3.55 million in damages from Hockey Canada, the Canadian Hockey League and eight players who were unnamed at the time. Hockey Canada would go on to settle the lawsuit the following month for an undisclosed amount out of court.

E.M. testified for a total of nine days and was additionally cross-examined for seven.

The trial was moved to judge-only after both juries were dismissed. . The first was dismissed days into the trial after Justice Carroccia declared a mistrial due to alleged improper communications between one of the defense attorneys and a juror on a lunch break. The second was dismissed weeks later because the jurors felt a bias toward the defense lawyers, claiming they had insulted them in court.

The NHL has previously said the players are not currently eligible to return to the league.