carterhart.com is an independent, noncommercial commentary and activism project from Game Misconducts. It is not affiliated with, endorsed by, or operated by Carter Hart, his representatives, the Vegas Golden Knights, or the NHL. This site reports court records and public documents, and publishes clearly labeled opinion and satire. Carter Hart is one of five players acquitted of all charges on July 24, 2025.
CONTENT WARNING This page describes sexual assault and quotes testimony and a text message from the trial. Some of the material is explicit.
Carter Hart and the Hockey Canada case
The Hockey Canada case, from beginning to end, and Carter Hart’s part in it.
All five accused were acquitted of all charges on July 24, 2025.
The verdict followed the rules of evidence. Our argument is with the rules: what they kept out, how they treated the complainant, and how courts handle sexual assault.
In June 2018, after a Hockey Canada gala in London, Ontario, a woman known in court as E.M. reported to police (para 107 (opens in a new tab)) that several members of Canada’s 2018 world junior team sexually assaulted her in Room 209 of a hotel. In January 2024, police charged five of those players, including Carter Hart, with sexual assault. On July 24, 2025, Justice Maria Carroccia acquitted all five (paras 699 to 703 (opens in a new tab)), and wrote that it was “not the function of this court to make determinations about the morality or propriety of the conduct” of anyone involved (para 479 (opens in a new tab)). On August 12, 2026, Hockey Canada’s independent appeal board (opens in a new tab) confirmed that all five had breached its code of conduct, and Hockey Canada accepted the board’s recommended sanctions. This page argues with the rules of evidence that decided what the court heard, not with the verdict they produced.
The case summary in full
The Hockey Canada trial (R. v. McLeod et al., 2025 ONSC 4319 (opens in a new tab)) was the 2025 criminal proceeding against five members of Canada’s 2018 world junior team. Carter Hart was charged on Count #3 with sexual assault over an incident in a London, Ontario hotel room in June 2018.
He was playing for the Philadelphia Flyers when the charges were laid; the Flyers granted him an indefinite leave at his request in January 2024 and did not keep his rights that summer. On July 24, 2025, Justice Maria Carroccia found him not guilty (paras 613 (opens in a new tab), 700 (opens in a new tab)). The Crown declined to appeal on August 21, 2025.
The judgment decided the criminal charges and, in its own words, nothing about “the morality or propriety of the conduct” of anyone involved (para 479 (opens in a new tab)). Hockey Canada, the NHL and the Vegas Golden Knights each made decisions the judgment did not, and those decisions are the subject of this page.
Timeline
Hockey Canada, the London Police Service, the federal government, the NHL and the Vegas Golden Knights each acted on this case between June 2018 and August 2026.
Jun 2018
Hockey Canada
In June 2018, players from Canada’s gold-medal world junior team gathered in London, Ontario, for the Hockey Canada Foundation Gala & Golf event.
After the June 18 gala, several players went to a downtown bar, Jack’s Bar and Grill, where a woman known in court only as E.M. met them. She left with one player, Michael McLeod, and went to Room 209 at the Delta Hotel London Armouries.
What happened there in the early hours of June 19 became the subject of the allegations.
In the early hours of June 19, a message went out to the team’s group chat inviting players to the room.
About a week later, as Hockey Canada began looking into the allegations, the players had a separate chat about the investigation. The Crown argued these messages were an attempt to coordinate a false account; the court rejected the Crown’s theory, finding no basis to conclude the players used the chat to concoct a false narrative (para 566 (opens in a new tab)).
Both sets of messages were entered as exhibits and read aloud in open court.
E.M. testified she arrived home at 5:08 a.m. and could not stop crying, and that her mother, who found her, called police without consulting her (paras 106 (opens in a new tab), 546 (opens in a new tab)).
E.M.’s mother called London police, and her mother’s boyfriend contacted Hockey Canada, which hired Henein Hutchison to investigate. Hockey Canada then contacted the players. Michael McLeod told police that Hockey Canada called him the next day to tell him E.M.’s mother had made a complaint (para 325 (opens in a new tab)), and Hockey Canada’s Shawn Bullock called Taylor Raddysh about its investigation on June 26 (para 179 (opens in a new tab)).
By then, the court noted, some players knew of Hockey Canada’s investigation but may not have known police were investigating too (para 194 (opens in a new tab)). E.M. reported to police herself on June 22, 2018 (paras 106 (opens in a new tab), 107 (opens in a new tab)). Neither investigation produced charges at the time.
The lead investigator, then-Sgt. Stephen Newton, began one interview with an accused player by saying he did not believe he had grounds to lay charges for a sexual assault (The Globe and Mail (opens in a new tab)).
Both would later be reopened under public pressure.
In April 2022, the woman filed a statement of claim seeking $3.55 million from Hockey Canada, the CHL and eight unnamed players. Hockey Canada settled within weeks, without the knowledge or involvement of the accused, the court later noted (para 6 (opens in a new tab)). The settlement is what first drew national attention to the case.
The settlement became public in May 2022 and triggered weeks of parliamentary hearings. During those weeks, reporting revealed and Hockey Canada confirmed that the reserve used to settle such claims, the National Equity Fund, was fed largely by the per-player insurance fee included in registration fees. Sworn testimony later put the fund’s past payouts in the millions across multiple cases.
At the first hearing, on June 20, 2022, Hockey Canada told MPs it learned of the allegation the morning of June 19, 2018, from a call to its vice-president of human resources, contacted London police within hours, and told the players it had hired investigators but that taking part was “their choice.”
On June 22, 2022, federal Sport Minister Pascale St-Onge froze Hockey Canada’s public funding over the organization’s handling of the case, weeks after the settlement became public. Restoration was tied to conditions, including a financial audit and governance changes. A later federal audit found no public money had been used in the settlement.
In July 2022, after public outcry, both investigations reopened. London police reopened the investigation on July 22, 2022.
Hockey Canada told the investigator that players who refused to take part would face a lifetime ban from its programs. The London Police Service announced a review of its closed 2018 file and, on July 22, said it was reopening the criminal investigation, citing additional steps it could take. The reopened police probe led to the 2024 charges.
Through the summer and fall of 2022, major sponsors including Tim Hortons, Scotiabank and Canadian Tire suspended or ended their support. In October, CEO Scott Smith left and Hockey Canada’s entire board resigned.
Within four days, all five players left their teams on indefinite leave. None of them commented publicly.
The Calgary Flames said Dillon Dubé had been granted leave “while he attends to his mental health” (January 21). The Philadelphia Flyers granted Carter Hart leave for personal reasons (January 23). The New Jersey Devils said Michael McLeod and Cal Foote “have each requested and been granted indefinite leave of absences” and would have “no further comment” (January 24).
In Switzerland, HC Ambrì-Piotta said Alex Formenton was granted leave “for personal reasons” and allowed to return to Canada (January 24). AP reported that messages to all five players’ agents were not returned.
In late January 2024, the five surrendered to London police and were charged. Carter Hart was charged with sexual assault on Count #3. His lawyers, Megan Savard and Riaz Sayani, said: “He is innocent and will provide a full response to this false allegation in the proper forum, a court of law.”
E.M. alleged that, after consensual sexual activity, she was sexually assaulted by each of the accused, and that she did not consent (paras 5 (opens in a new tab), 66 (opens in a new tab), 90 (opens in a new tab)). The Crown charged five players, who pleaded not guilty; the defense argued she consented and at times encouraged the encounters.
At trial, E.M. testified over nine days and was cross-examined by all five defense teams. Of the accused, only Carter Hart testified (para 461 (opens in a new tab)). The police statements of Michael McLeod, Alex Formenton and Dillon Dubé were entered in evidence, but none of the three was cross-examined on them (para 461 (opens in a new tab)).
The trial opened in April 2025 in the Ontario Superior Court of Justice in London. It lost its jury twice: first to a mistrial, then to a discharge that converted it to a judge-alone trial before Justice Maria Carroccia. The evidence included the group chats, hotel-room exhibits and two videos.
On July 24, 2025, Justice Carroccia found all five players not guilty of all charges, Hart on Count #3 (paras 613 (opens in a new tab), 700 (opens in a new tab)). In hours of reasons, she ruled the Crown had not proven a lack of consent beyond a reasonable doubt and found E.M. not credible or reliable (paras 9 (opens in a new tab), 576 (opens in a new tab)). The acquittals stand.
The Crown’s office reviewed the verdict and, on August 21, 2025, decided not to appeal. With no appeal available to pursue, the acquittals are final. The players later became eligible to return to the NHL.
On September 11, 2025, the NHL called the events after the 2018 gala “deeply troubling and unacceptable,” said the players’ conduct “falls woefully short of the standards and values that the League and its Member Clubs expect and demand,” and said the five could sign contracts no sooner than October 15, 2025, and play no sooner than December 1, 2025.
On August 12, 2026, a three-member independent appeal board confirmed that all five players breached Hockey Canada’s code of conduct. Hockey Canada accepted its recommendation for Carter Hart: suspended until November 10, 2027. Hockey Canada did not publish the board’s reasons. The finding applied Hockey Canada’s own code, was separate from the criminal case, and does not affect the acquittals.
Carter Hart was the only one of the five to testify, and the Crown cross-examined him (para 461 (opens in a new tab)). Michael McLeod, Alex Formenton and Dillon Dubé did not take the stand and were not cross-examined.
Justice Maria Carroccia found E.M.’s evidence was not credible or reliable, found actual consent not vitiated by fear (para 9 (opens in a new tab)), and concluded the Crown could not meet its onus on any count.
Carter Hart was the only one of the five to testify, and the Crown cross-examined him (para 461 (opens in a new tab)). Michael McLeod, Alex Formenton and Dillon Dubé did not take the stand and were not cross-examined.
Justice Maria Carroccia found E.M.’s evidence was not credible or reliable, found actual consent not vitiated by fear (para 9 (opens in a new tab)), and concluded the Crown could not meet its onus on any count.
The full summary, with paragraph references
[657]
What the court decided. The court accepted that the sexual activity took place, though not every part of E.M.’s account of it (para 657 (opens in a new tab)). The question at trial was whether the Crown could prove E.M. did not consent.
It could not, and all five men were acquitted. Below is what was alleged, what the accused’s evidence was, and what the court did with it.
The court did not resolve that conflict in E.M.’s favor. Justice Carroccia found E.M. exaggerated her intoxication (para 544 (opens in a new tab)), and that when confronted with inconsistencies she tended to blame others (para 503 (opens in a new tab)).
[9]
The court found “actual consent not vitiated by fear” (para 9 (opens in a new tab)) and said the issue “has always been, not that each of the acts happened, but rather proof of lack of consent”(para 657 (opens in a new tab)). The court decided whether the Crown proved each charge and stated that the morality or propriety of anyone’s conduct was outside its function (para 479 (opens in a new tab)).
The charge concerned oral sex in room 209. It was conceded that the touching happened and was sexual. The question was whether the Crown could prove E.M. did not consent (paras 578 (opens in a new tab), 580 (opens in a new tab)).
His evidence
Hart was the only accused to testify, and he was cross-examined. He said E.M. asked “can somebody come fuck me?” He also said that most of the men had girlfriends, and that he asked “can I get a blowie?” and she said “yeah” or “sure.” He said it lasted 30 to 60 seconds and that he ended it (paras 272 to 274 (opens in a new tab)).
Counsel: Megan Savard and Riaz Sayani.
The witnesses
The court said there were witnesses to the sexual activity and to what happened just before it, and that every witness’s evidence was affected by alcohol and time (para 582 (opens in a new tab)). Brett Howden’s evidence supported a second instance of oral sex; the court could not find that beyond a reasonable doubt (para 589 (opens in a new tab)).
The defense
Megan Savard submitted that the Crown failed to prove beyond a reasonable doubt that E.M. did not consent (para 398 (opens in a new tab)).
E.M.’s account
E.M. testified that the men put “penises in [her] face,” that she performed oral sex on three men, could not identify them, and was on “autopilot” (paras 584 (opens in a new tab), 585 (opens in a new tab)). She testified she did it because she felt she had no other option and was scared (para 596 (opens in a new tab)).
Exhibit: the Room 209 photograph, as marked in testimony
Carter Hart was the only accused to testify, and the markings on this exhibit are his sworn memory, open to cross-examination at trial (para 271 (opens in a new tab); CBC (opens in a new tab)). They record what he testified he remembered, not an agreed record of the room. The five facts below travel with the exhibit.
Carter’s Art.Satire.An illustration made for this site, not a court exhibit. The trial exhibit is the marked photograph below.
What it depicts was disputed. The diagram marks where Cal Foote was when he did the splits over E.M. The Crown alleged he did the splits over her face while naked (para 378 (opens in a new tab)).
E.M. testified he put “his penis right on my face,” that it felt gross and degrading, and that the men were laughing and making fun of her (paras 639 (opens in a new tab), 644 (opens in a new tab)).
His memory was affected by alcohol, as the court found every witness’s was. On the splits this drawing depicts, the court found he “was not shaken in cross-examination” (para 646 (opens in a new tab)).
Some initials are uncharged players. Only five players were charged. All five were acquitted of all charges on July 24, 2025. No one else was charged with any offense.
The figure is the complainant. Her identity is protected by a publication ban under s. 486.4 of the Criminal Code. Nothing identifying her appears on this site, anywhere, ever.
We reproduce the exhibit to examine the exhibit, not to illustrate the page.
The messages, as entered at trial
The June 26, 2018, team group chat was written while the players were concerned about Hockey Canada’s investigation, and the court rejected the Crown’s theory, finding no basis to conclude the players used the chat to concoct a false narrative (para 566 (opens in a new tab)).
Each thread below was entered as an exhibit or described in testimony; open one and read it as sent.
How to use the exhibit
Tap a conversation, then tap a message marked ⓘ for its source note. Tap the title to see who was in the chat. Tap the bar at the bottom of the inbox for the home screen. Nothing here is dramatized.
2:1312:06LTE
Edit
Messages
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Tuesday, June 26, 2018Wednesday, June 20, 2018Tuesday, June 19, 2018, 1:57 PM11:28 AM2:15 AM3:27 AM2:10 AMTGETRDFMMTeam group chatE.M.Taylor RaddyshDante FabbroTeam group chat, June 1919 people11 peopleiMessage
Taylor RaddyshMichael McLeodCarter HartMMTRDFMichael McLeodTaylor RaddyshDante FabbroAccused, acquitted, sent the 2:10 a.m. group textAccused, acquitted, saved as “Mikey” in the exhibitRecipient, witness, not chargedRecipient, never charged, not placed in the room
TRCHEMMCarter HartE.M.Accused, acquitted, testified in his own defenseComplainant, identity protected by a publication ban11:28 AM
1:57 PM2:15 AM~3:27 AM2:10 AMCFCal FooteAccused, acquitted, did not testify
Taylor Raddysh, a witness who was not charged. “Bully” is Hockey Canada executive Shawn Bullock.Sent by Michael McLeod to Taylor Raddysh. It was a one-to-one text, not the group chat. It says “my room,” not “209.” It is often misquoted as “come to room 209 if you want a gummer,” which fuses three separate texts into one that was never sent. “Gummer” is slang for oral sex, per the Crown. McLeod was acquitted.Sent by Carter Hart to Dante Fabbro at 3:27 a.m., a one-to-one text (R. v. McLeod et al., 2025 ONSC 4319, para 278; Exhibit 73). Hart testified he sent it because Fabbro was single, and on the consent video he is heard saying “I’ll get Fabs.”Sent by Michael McLeod, shown in the exhibit under the contact name “Mikey Mcleod.” Reproduced verbatim from Exhibit 15. Note there is no “a” before “3 way.” The ruling’s transcription reads “Who wants to be in a 3 way quick” (para 177 (opens in a new tab)). The chat header shows 19 people. McLeod was acquitted.
But Hart did not place Fabbro among the players he recalled being in the room. This is the only night-of text from Hart that names Room 209, and it has nothing to do with the word “gummer.” Hart was acquitted; Fabbro was never charged.
DDDillon DubéAccused, acquitted, did not testify
AFAlex FormentonAccused, acquitted, did not testify
TSTyler SteenbergenCrown witness, not charged, read the chat into court
BHBrett HowdenCrown witness, not charged, testified
DBDrake BathersonIn the chat, not charged, named in evidence
JBJake BeanIn the chat, not charged, named in evidence
MCMaxime ComtoisIn the chat, not charged, named in evidence
SSSam SteelIn the chat, not charged, named in evidence
TRMM
1:57 PM11:36 AM2:11 AM
A separate message one minute after the line above. “209” is the hotel room number. News versions that merge this with the previous line into a single sentence are transcription artifacts; the exhibit shows two messages.
Carter Hart
CH
2:19 AM
Michael McLeod
MM11:46 AM
Reproduced from the judgment, which quotes this message at para 197 (R. v. McLeod et al., 2025 ONSC 4319). The Crown read it as the players getting their stories straight; the court rejected that reading, finding the June 26 chat reflected the players’ honest recollections rather than an attempt to concoct a false narrative (paras 566, 570). McLeod was acquitted.Michael McLeod, saved in the complainant’s phone as “Mikey.” These opening messages were sent late in the morning of June 20, the day after the night in question, after E.M. and her mother had contacted others. McLeod was acquitted.
Brett HowdenE.M.
BHE
11:53 AM
Put to Brett Howden by the Crown during his open-court testimony and reported by TSN’s Rick Westhead. This line does not appear in the judgment’s recitation of the June 26 group-chat exhibit, so it is sourced to the trial testimony, not to the exhibit text. Howden was a Crown witness who was not charged.E.M.’s identity is protected by a publication ban. This is the court-published version of Exhibit 4, in which her name does not appear; it is reproduced exactly, and nothing is added that could identify her.
“Mikey” is Michael McLeod; “bully” is Hockey Canada executive Shawn Bullock. TSN’s printed version of this exchange is longer and opens with an expletive omitted here, so this bubble is a partial quote, not the complete line. Being named in evidence is not an accusation: no player other than the five accused was charged, and all five were acquitted.
BHE
11:55 AM
The continuation of Howden’s June 26 group-chat messages. The judgment reproduces this line, in its recitation of the chat at para 199 and in Howden’s own testimony about it at para 239 (R. v. McLeod et al., 2025 ONSC 4319), so its wording is authoritative; profanity is censored here. Howden was a Crown witness who was never charged.
In his testimony, Howden said Dubé phoned him and asked him to “leave his name out of things” (para 241 (opens in a new tab)). Howden testified that Cal Foote made “essentially the same type of call” but that he could not recall the details (para 241 (opens in a new tab)). In cross-examination, he said he had no current memory of the call, adopted his 2022 statement to Hockey Canada investigators that Foote asked him to leave out something he had not seen, and denied the suggestion that the call never happened (para 259 (opens in a new tab)).
Cal Foote
CF11:55 AM
Attributed to Cal Foote, one of the five accused, later acquitted, from the group chat read into evidence on May 15, 2025. Foote did not testify, and the judgment does not reproduce this line; its wording follows The Hockey News’s verbatim report of the exhibit read in court.
Carter HartE.M.
CHE
11:58 AM
Carter Hart joined the group chat late and sent this message. Reproduced from the judgment, which quotes it at para 203 and marks “I ke” [sic]. The judgment records that he then asked whether they should get their agents involved; that line is not quoted, so it is not shown as a message.The defense pointed to lines like this one as consistent with its account that the night was consensual. The Crown’s position was that an apologetic message hours later, under pressure, says nothing about consent during the events themselves. Both readings were before the court, which acquitted all five accused.
The court rejected the Crown’s reading of the June 26 chat as coordination (paras 566, 570). Hart was acquitted.
Jake BeanE
JB12:04 PM
Attributed to Jake Bean, a chat member who was not charged, from the group chat read into evidence on May 15, 2025. The bubble follows The Hockey News, which prints this line as Bean’s text.
CBC transcribes the same message differently and at greater length, opening “No, boys. Like we don’t need to make anything up. No one did anything wrong.”
CBC also prints a separate Bean message, “Everyone stop talking in here. And talk to your agents about this”; The Hockey News paraphrases it, reporting that Bean suggested everyone should “stop talking” in the group chat and discuss matters further with their agents. Being named in evidence is not an accusation.
The court rejected the Crown’s theory, finding no basis to conclude the players used the chat to concoct a false narrative (para 566). Lines not quoted in the judgment are sourced to trial reporting and marked as such.No photos are shown. E.M.’s identity is protected by a publication ban; this is the court-published version, reproduced exactly. Nothing here is a finding of the court.R. v. McLeod, 2025 ONSC 4319, para 178.Hart testified he sent this at 3:27 a.m. because E.M. was asking the men to have sex with her, most of them had girlfriends, and Fabbro was single. In cross-examination he agreed he sent it because he believed, based on what she was saying, that she wanted to have sex with more men. His voice can be heard on the first consent video saying “I’ll get Fabs” (2025 ONSC 4319, para 278).The night-of chat (Exhibit 15) shows 19 people. The messages shown on this page are McLeod’s two and Hart’s reply. Nothing here is a finding of the court.
Reproduced verbatim from Exhibit 4, including the original spelling. The Crown read this as McLeod urging the complainant to shut the police investigation down; the defense read the exchange as a whole differently. McLeod was acquitted.
12:06 PM
The single line most quoted from Exhibit 4. The Crown framed it as McLeod trying to make the investigation disappear, hours after it began; the defense placed it alongside E.M.’s replies. Uninvolved counsel Sarah Leamon told CBC he “comes across as somebody who is sophisticated enough to know he’s in some trouble.”
It is opinion, not a finding. McLeod was acquitted.
E.M.
E
12:09 PM
Reproduced from the judgment, para 146; the time is at para 147. McLeod was acquitted.
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Exhibit noteThe ruling says Hart joined the chat late (para 203 (opens in a new tab)). His message’s exact position in the thread is not given.
Exhibit noteE.M. testified the message made her feel “scared again” because it sounded threatening (para 145 (opens in a new tab)).
This thread, as text
Team group chat
Tuesday, June 26, 2018, 1:57 PM
Taylor Raddysh (1:57 PM): Bully just called me.
Taylor Raddysh, a witness who was not charged. “Bully” is Hockey Canada executive Shawn Bullock.
Taylor Raddysh (1:57 PM): Said there’s an investigation.
Michael McLeod: We all need to say the same thing if we get interviewed can’t have different stories or make anything up
Reproduced from the judgment, which quotes this message at para 197 (R. v. McLeod et al., 2025 ONSC 4319). The Crown read it as the players getting their stories straight; the court rejected that reading, finding the June 26 chat reflected the players’ honest recollections rather than an attempt to concoct a false narrative (paras 566, 570). McLeod was acquitted.
Brett Howden: Mikey has the video of her consenting. Like we just show bully that and we’re fine.
Put to Brett Howden by the Crown during his open-court testimony and reported by TSN’s Rick Westhead. This line does not appear in the judgment’s recitation of the June 26 group-chat exhibit, so it is sourced to the trial testimony, not to the exhibit text. Howden was a Crown witness who was not charged. “Mikey” is Michael McLeod; “bully” is Hockey Canada executive Shawn Bullock. TSN’s printed version of this exchange is longer and opens with an expletive omitted here, so this bubble is a partial quote, not the complete line. Being named in evidence is not an accusation: no player other than the five accused was charged, and all five were acquitted.
Brett Howden: Nobody forced her to do anything. If anything we should put allegations on her f‑‑k.
The continuation of Howden’s June 26 group-chat messages. The judgment reproduces this line, in its recitation of the chat at para 199 and in Howden’s own testimony about it at para 239 (R. v. McLeod et al., 2025 ONSC 4319), so its wording is authoritative; profanity is censored here. Howden was a Crown witness who was never charged. In his testimony, Howden said Dubé phoned him and asked him to “leave his name out of things” (para 241). Howden testified that Cal Foote made “essentially the same type of call” but that he could not recall the details (para 241). In cross-examination, he said he had no current memory of the call, adopted his 2022 statement to Hockey Canada investigators that Foote asked him to leave out something he had not seen, and denied the suggestion that the call never happened (para 259).
Cal Foote: Okay, then it’s private, and no police are involved, so we are all perfectly fine
Attributed to Cal Foote, one of the five accused, later acquitted, from the group chat read into evidence on May 15, 2025. Foote did not testify, and the judgment does not reproduce this line; its wording follows The Hockey News’s verbatim report of the exhibit read in court.
Carter Hart: Honestly boys nobody did anything wrong. I ke we got consent to anything that she did. She was the one begging for guys to bang her
Carter Hart joined the group chat late and sent this message. Reproduced from the judgment, which quotes it at para 203 and marks “I ke” [sic]. The judgment records that he then asked whether they should get their agents involved; that line is not quoted, so it is not shown as a message. The court rejected the Crown’s reading of the June 26 chat as coordination (paras 566, 570). Hart was acquitted.
Jake Bean: No boys, like we don’t need to make anything up, we didn’t do anything wrong
Attributed to Jake Bean, a chat member who was not charged, from the group chat read into evidence on May 15, 2025. The bubble follows The Hockey News, which prints this line as Bean’s text. CBC transcribes the same message differently and at greater length, opening “No, boys. Like we don’t need to make anything up. No one did anything wrong.” CBC also prints a separate Bean message, “Everyone stop talking in here. And talk to your agents about this”; The Hockey News paraphrases it, reporting that Bean suggested everyone should “stop talking” in the group chat and discuss matters further with their agents. Being named in evidence is not an accusation.
The court rejected the Crown’s theory, finding no basis to conclude the players used the chat to concoct a false narrative (para 566). Lines not quoted in the judgment are sourced to trial reporting and marked as such.
The June 26 lines were read into court on May 15, 2025, from the team group chat (Ontario Superior Court of Justice, R. v. McLeod et al. (opens in a new tab), 2025). Where the judgment reproduces a line, its wording is authoritative; McLeod’s “say the same thing” is at para 197 (opens in a new tab). Cal Foote’s and Jake Bean’s lines, which the judgment does not reproduce, follow the verbatim trial reporting of the chat read into evidence (The Hockey News and CBC, May 15, 2025). Howden’s “Mikey has the video” line likewise does not appear in the judgment’s recitation of the exhibit; it was put to Howden in his open-court testimony (TSN, Rick Westhead), and is sourced to that testimony, not to the exhibit text. The Crown argued these June 26 messages showed the players coordinating a false account; the court rejected that reading, finding the chat reflected the players’ honest recollections rather than an attempt to concoct a false narrative (paras 566, 570 (opens in a new tab)). The messages shown are those entered and read in court, not the full chat.
E.M.
Wednesday, June 20, 2018, 11:28 AM
Michael McLeod (11:28 AM): ?
Michael McLeod (11:36 AM): ?
Michael McLeod (11:46 AM): Hello?
Michael McLeod, saved in the complainant’s phone as “Mikey.” These opening messages were sent late in the morning of June 20, the day after the night in question, after E.M. and her mother had contacted others. McLeod was acquitted.
E.M. (11:53 AM): I talked to my mom about it and she called I think but I told her not to. I don’t want anything bad to come of it so I told her to stop.
E.M.’s identity is protected by a publication ban. This is the court-published version of Exhibit 4, in which her name does not appear; it is reproduced exactly, and nothing is added that could identify her.
E.M. (11:55 AM): I’m sorry, didn’t mean for that to happen.
Michael McLeod (11:55 AM): You said you were having fun??
E.M. (11:58 AM): I was really drunk, didn’t feel good about it at all after. But I’m not trying to get anyone in trouble, I know I was in the wrong too
The defense pointed to lines like this one as consistent with its account that the night was consensual. The Crown’s position was that an apologetic message hours later, under pressure, says nothing about consent during the events themselves. Both readings were before the court, which acquitted all five accused.
E.M. (12:04 PM): I was ok with going home with you, it was everyone else afterwards that I wasn’t expecting. I just felt like I was being made fun of and taken advantage of.
Michael McLeod: I understand that you are embarrassed about what happened. But you need to talk to your mother right now and straighten things out with the police before this goes to far. This is a serious matter that she is mis representing and could have significant implications for a lot of people including you.
Reproduced verbatim from Exhibit 4, including the original spelling. The Crown read this as McLeod urging the complainant to shut the police investigation down; the defense read the exchange as a whole differently. McLeod was acquitted.
Michael McLeod (12:06 PM): What can you do to make this go away?
The single line most quoted from Exhibit 4. The Crown framed it as McLeod trying to make the investigation disappear, hours after it began; the defense placed it alongside E.M.’s replies. Uninvolved counsel Sarah Leamon told CBC he “comes across as somebody who is sophisticated enough to know he’s in some trouble.” It is opinion, not a finding. McLeod was acquitted.
E.M.: Ya I understand that, I’m not trying to push this any farther
Michael McLeod (12:09 PM): Ok so can you please figure out how to make this go away and contact the police.
Reproduced from the judgment, para 146; the time is at para 147. McLeod was acquitted.
No photos are shown. E.M.’s identity is protected by a publication ban; this is the court-published version, reproduced exactly. Nothing here is a finding of the court.
Exhibit 4, Ontario Superior Court of Justice, R. v. McLeod et al. (opens in a new tab) (2025). Per CBC, McLeod found E.M. on Instagram the day after the night in question and the two began texting; this exchange is those texts, on June 20, 2018, after the night in question had been reported. The exhibit was used by both sides. The Crown read it as McLeod pressing the complainant to make the investigation go away; the defense read E.M.’s replies as consistent with its account that the night was consensual. Both readings were before the court. McLeod was acquitted on all charges on July 24, 2025. This is the court-published version, reproduced exactly, and the portion of the exchange entered and discussed at trial, not the complete message history.
Taylor Raddysh
Tuesday, June 19, 2018, 2:15 AM
Michael McLeod (2:15 AM): come to my room If you want a gummer
Sent by Michael McLeod to Taylor Raddysh. It was a one-to-one text, not the group chat. It says “my room,” not “209.” It is often misquoted as “come to room 209 if you want a gummer,” which fuses three separate texts into one that was never sent. “Gummer” is slang for oral sex, per the Crown. McLeod was acquitted.
Sent by Carter Hart to Dante Fabbro at 3:27 a.m., a one-to-one text (R. v. McLeod et al., 2025 ONSC 4319, para 278; Exhibit 73). Hart testified he sent it because Fabbro was single, and on the consent video he is heard saying “I’ll get Fabs.” But Hart did not place Fabbro among the players he recalled being in the room. This is the only night-of text from Hart that names Room 209, and it has nothing to do with the word “gummer.” Hart was acquitted; Fabbro was never charged.
Hart testified he sent this at 3:27 a.m. because E.M. was asking the men to have sex with her, most of them had girlfriends, and Fabbro was single. In cross-examination he agreed he sent it because he believed, based on what she was saying, that she wanted to have sex with more men. His voice can be heard on the first consent video saying “I’ll get Fabs” (2025 ONSC 4319, para 278).
Michael McLeod (2:10 AM): Who wants to be in 3 way quick
Sent by Michael McLeod, shown in the exhibit under the contact name “Mikey Mcleod.” Reproduced verbatim from Exhibit 15. Note there is no “a” before “3 way.” The ruling’s transcription reads “Who wants to be in a 3 way quick” (para 177). The chat header shows 19 people. McLeod was acquitted.
Michael McLeod (2:11 AM): 209- mikey
A separate message one minute after the line above. “209” is the hotel room number. News versions that merge this with the previous line into a single sentence are transcription artifacts; the exhibit shows two messages.
Carter Hart (2:19 AM): I’m in
Sent by Carter Hart in reply to McLeod’s 2:10 a.m. group message. The court found as a fact that Hart sent this text (R. v. McLeod et al., 2025 ONSC 4319, para 552), and Hart testified he replied “I’m in” because he was single and open to a sexual encounter, though he was not going to decide about participating until he got to the hotel (para 267). He was acquitted.
The night-of chat (Exhibit 15) shows 19 people. The messages shown on this page are McLeod’s two and Hart’s reply. Nothing here is a finding of the court.
The night-of group chat is reproduced from Exhibit 15 (Ontario Superior Court of Justice, R. v. McLeod et al. (opens in a new tab), 2025), a capture of the chat shown during Taylor Raddysh’s testimony on April 30, 2025. Messages are quoted verbatim from the exhibit. The ruling’s own transcription is at 2025 ONSC 4319, para 177 (opens in a new tab). The messages shown are McLeod’s two and Hart’s reply.
The night-of group chat is reproduced from Exhibit 4Exhibit 15The June 26 lines were read into court on May 15, 2025, from the team group chat (Ontario Superior Court of Justice, , Ontario Superior Court of Justice, A one-to-one text (Exhibit 16), quoted as rendered in Described in Carter Hart’s testimony about the text exhibits, (Ontario Superior Court of Justice, R. v. McLeod et al. (opens in a new tab), 2025). Where the judgment reproduces a line, its wording is authoritative; McLeod’s “say the same thing” is at (2025). Per CBC, McLeod found E.M. on Instagram the day after the night in question and the two began texting; this exchange is those texts, on June 20, 2018, after the night in question had been reported. The exhibit was used by (2025). A one-to-one text, quoted as entered., 2025), a capture of the chat shown during Taylor Raddysh’s testimony on April 30, 2025. Messages are quoted verbatim from the exhibit. The ruling’s own transcription is at para 197 (opens in a new tab)both sidesR. v. McLeod et al., 2025 ONSC 4319, para 178 (opens in a new tab)2025 ONSC 4319, para 177 (opens in a new tab).
Cal Foote’s and Jake Bean’s lines, which the judgment does not reproduce, follow the verbatim trial reporting of the chat read into evidence (The Hockey News and CBC, May 15, 2025).The Crown read it as McLeod pressing the complainant to make the investigation go away; the defense read E.M.’s replies as consistent with its account that the night was consensual. Both readings were before the court. McLeod was The messages shown are McLeod’s two and Hart’s reply.acquitted on all charges on July 24, 2025.
Howden’s “Mikey has the video” line likewise does not appear in the judgment’s recitation of the exhibit; it was put to Howden in his open-court testimony (TSN, Rick Westhead), and is sourced to that testimony, not to the exhibit text.This is the court-published version, reproduced exactly, and the portion of the exchange entered and discussed at trial, not the complete message history.
The Crown argued these June 26 messages showed the players coordinating a false account; the court rejected that reading, finding the chat reflected the players’ honest recollections rather than an attempt to concoct a false narrative (paras 566, 570 (opens in a new tab)). The messages shown are those entered and read in court, not the full chat.
The messages, as text
Team group chat
Tuesday, June 26, 2018, 1:57 PM
Taylor Raddysh (1:57 PM): Bully just called me.
Taylor Raddysh, a witness who was not charged. “Bully” is Hockey Canada executive Shawn Bullock.
Taylor Raddysh (1:57 PM): Said there’s an investigation.
Michael McLeod: We all need to say the same thing if we get interviewed can’t have different stories or make anything up
Reproduced from the judgment, which quotes this message at para 197 (R. v. McLeod et al., 2025 ONSC 4319). The Crown read it as the players getting their stories straight; the court rejected that reading, finding the June 26 chat reflected the players’ honest recollections rather than an attempt to concoct a false narrative (paras 566, 570). McLeod was acquitted.
Brett Howden: Mikey has the video of her consenting. Like we just show bully that and we’re fine.
Put to Brett Howden by the Crown during his open-court testimony and reported by TSN’s Rick Westhead. This line does not appear in the judgment’s recitation of the June 26 group-chat exhibit, so it is sourced to the trial testimony, not to the exhibit text. Howden was a Crown witness who was not charged. “Mikey” is Michael McLeod; “bully” is Hockey Canada executive Shawn Bullock. TSN’s printed version of this exchange is longer and opens with an expletive omitted here, so this bubble is a partial quote, not the complete line. Being named in evidence is not an accusation: no player other than the five accused was charged, and all five were acquitted.
Brett Howden: Nobody forced her to do anything. If anything we should put allegations on her f‑‑k.
The continuation of Howden’s June 26 group-chat messages. The judgment reproduces this line, in its recitation of the chat at para 199 and in Howden’s own testimony about it at para 239 (R. v. McLeod et al., 2025 ONSC 4319), so its wording is authoritative; profanity is censored here. Howden was a Crown witness who was never charged. In his testimony, Howden said Dubé phoned him and asked him to “leave his name out of things” (para 241). Howden testified that Cal Foote made “essentially the same type of call” but that he could not recall the details (para 241). In cross-examination, he said he had no current memory of the call, adopted his 2022 statement to Hockey Canada investigators that Foote asked him to leave out something he had not seen, and denied the suggestion that the call never happened (para 259).
Cal Foote: Okay, then it’s private, and no police are involved, so we are all perfectly fine
Attributed to Cal Foote, one of the five accused, later acquitted, from the group chat read into evidence on May 15, 2025. Foote did not testify, and the judgment does not reproduce this line; its wording follows The Hockey News’s verbatim report of the exhibit read in court.
Carter Hart: Honestly boys nobody did anything wrong. I ke we got consent to anything that she did. She was the one begging for guys to bang her
Carter Hart joined the group chat late and sent this message. Reproduced from the judgment, which quotes it at para 203 and marks “I ke” [sic]. The judgment records that he then asked whether they should get their agents involved; that line is not quoted, so it is not shown as a message. The court rejected the Crown’s reading of the June 26 chat as coordination (paras 566, 570). Hart was acquitted.
Jake Bean: No boys, like we don’t need to make anything up, we didn’t do anything wrong
Attributed to Jake Bean, a chat member who was not charged, from the group chat read into evidence on May 15, 2025. The bubble follows The Hockey News, which prints this line as Bean’s text. CBC transcribes the same message differently and at greater length, opening “No, boys. Like we don’t need to make anything up. No one did anything wrong.” CBC also prints a separate Bean message, “Everyone stop talking in here. And talk to your agents about this”; The Hockey News paraphrases it, reporting that Bean suggested everyone should “stop talking” in the group chat and discuss matters further with their agents. Being named in evidence is not an accusation.
The court rejected the Crown’s theory, finding no basis to conclude the players used the chat to concoct a false narrative (para 566). Lines not quoted in the judgment are sourced to trial reporting and marked as such.
The June 26 lines were read into court on May 15, 2025, from the team group chat (Ontario Superior Court of Justice, R. v. McLeod et al. (opens in a new tab), 2025). Where the judgment reproduces a line, its wording is authoritative; McLeod’s “say the same thing” is at para 197 (opens in a new tab). Cal Foote’s and Jake Bean’s lines, which the judgment does not reproduce, follow the verbatim trial reporting of the chat read into evidence (The Hockey News and CBC, May 15, 2025). Howden’s “Mikey has the video” line likewise does not appear in the judgment’s recitation of the exhibit; it was put to Howden in his open-court testimony (TSN, Rick Westhead), and is sourced to that testimony, not to the exhibit text. The Crown argued these June 26 messages showed the players coordinating a false account; the court rejected that reading, finding the chat reflected the players’ honest recollections rather than an attempt to concoct a false narrative (paras 566, 570 (opens in a new tab)). The messages shown are those entered and read in court, not the full chat.
E.M.
Wednesday, June 20, 2018, 11:28 AM
Michael McLeod (11:28 AM): ?
Michael McLeod (11:36 AM): ?
Michael McLeod (11:46 AM): Hello?
Michael McLeod, saved in the complainant’s phone as “Mikey.” These opening messages were sent late in the morning of June 20, the day after the night in question, after E.M. and her mother had contacted others. McLeod was acquitted.
E.M. (11:53 AM): I talked to my mom about it and she called I think but I told her not to. I don’t want anything bad to come of it so I told her to stop.
E.M.’s identity is protected by a publication ban. This is the court-published version of Exhibit 4, in which her name does not appear; it is reproduced exactly, and nothing is added that could identify her.
E.M. (11:55 AM): I’m sorry, didn’t mean for that to happen.
Michael McLeod (11:55 AM): You said you were having fun??
E.M. (11:58 AM): I was really drunk, didn’t feel good about it at all after. But I’m not trying to get anyone in trouble, I know I was in the wrong too
The defense pointed to lines like this one as consistent with its account that the night was consensual. The Crown’s position was that an apologetic message hours later, under pressure, says nothing about consent during the events themselves. Both readings were before the court, which acquitted all five accused.
E.M. (12:04 PM): I was ok with going home with you, it was everyone else afterwards that I wasn’t expecting. I just felt like I was being made fun of and taken advantage of.
Michael McLeod: I understand that you are embarrassed about what happened. But you need to talk to your mother right now and straighten things out with the police before this goes to far. This is a serious matter that she is mis representing and could have significant implications for a lot of people including you.
Reproduced verbatim from Exhibit 4, including the original spelling. The Crown read this as McLeod urging the complainant to shut the police investigation down; the defense read the exchange as a whole differently. McLeod was acquitted.
Michael McLeod (12:06 PM): What can you do to make this go away?
The single line most quoted from Exhibit 4. The Crown framed it as McLeod trying to make the investigation disappear, hours after it began; the defense placed it alongside E.M.’s replies. Uninvolved counsel Sarah Leamon told CBC he “comes across as somebody who is sophisticated enough to know he’s in some trouble.” It is opinion, not a finding. McLeod was acquitted.
E.M.: Ya I understand that, I’m not trying to push this any farther
Michael McLeod (12:09 PM): Ok so can you please figure out how to make this go away and contact the police.
Reproduced from the judgment, para 146; the time is at para 147. McLeod was acquitted.
No photos are shown. E.M.’s identity is protected by a publication ban; this is the court-published version, reproduced exactly. Nothing here is a finding of the court.
Exhibit 4, Ontario Superior Court of Justice, R. v. McLeod et al. (opens in a new tab) (2025). Per CBC, McLeod found E.M. on Instagram the day after the night in question and the two began texting; this exchange is those texts, on June 20, 2018, after the night in question had been reported. The exhibit was used by both sides. The Crown read it as McLeod pressing the complainant to make the investigation go away; the defense read E.M.’s replies as consistent with its account that the night was consensual. Both readings were before the court. McLeod was acquitted on all charges on July 24, 2025. This is the court-published version, reproduced exactly, and the portion of the exchange entered and discussed at trial, not the complete message history.
Taylor Raddysh
Tuesday, June 19, 2018, 2:15 AM
Michael McLeod (2:15 AM): come to my room If you want a gummer
Sent by Michael McLeod to Taylor Raddysh. It was a one-to-one text, not the group chat. It says “my room,” not “209.” It is often misquoted as “come to room 209 if you want a gummer,” which fuses three separate texts into one that was never sent. “Gummer” is slang for oral sex, per the Crown. McLeod was acquitted.
Sent by Carter Hart to Dante Fabbro at 3:27 a.m., a one-to-one text (R. v. McLeod et al., 2025 ONSC 4319, para 278; Exhibit 73). Hart testified he sent it because Fabbro was single, and on the consent video he is heard saying “I’ll get Fabs.” But Hart did not place Fabbro among the players he recalled being in the room. This is the only night-of text from Hart that names Room 209, and it has nothing to do with the word “gummer.” Hart was acquitted; Fabbro was never charged.
Hart testified he sent this at 3:27 a.m. because E.M. was asking the men to have sex with her, most of them had girlfriends, and Fabbro was single. In cross-examination he agreed he sent it because he believed, based on what she was saying, that she wanted to have sex with more men. His voice can be heard on the first consent video saying “I’ll get Fabs” (2025 ONSC 4319, para 278).
Michael McLeod (2:10 AM): Who wants to be in 3 way quick
Sent by Michael McLeod, shown in the exhibit under the contact name “Mikey Mcleod.” Reproduced verbatim from Exhibit 15. Note there is no “a” before “3 way.” The ruling’s transcription reads “Who wants to be in a 3 way quick” (para 177). The chat header shows 19 people. McLeod was acquitted.
Michael McLeod (2:11 AM): 209- mikey
A separate message one minute after the line above. “209” is the hotel room number. News versions that merge this with the previous line into a single sentence are transcription artifacts; the exhibit shows two messages.
Carter Hart (2:19 AM): I’m in
Sent by Carter Hart in reply to McLeod’s 2:10 a.m. group message. The court found as a fact that Hart sent this text (R. v. McLeod et al., 2025 ONSC 4319, para 552), and Hart testified he replied “I’m in” because he was single and open to a sexual encounter, though he was not going to decide about participating until he got to the hotel (para 267). He was acquitted.
The night-of chat (Exhibit 15) shows 19 people. The messages shown on this page are McLeod’s two and Hart’s reply. Nothing here is a finding of the court.
The night-of group chat is reproduced from Exhibit 15 (Ontario Superior Court of Justice, R. v. McLeod et al. (opens in a new tab), 2025), a capture of the chat shown during Taylor Raddysh’s testimony on April 30, 2025. Messages are quoted verbatim from the exhibit. The ruling’s own transcription is at 2025 ONSC 4319, para 177 (opens in a new tab). The messages shown are McLeod’s two and Hart’s reply.
The two videos McLeod recorded
Michael McLeod recorded two videos of E.M. in Room 209: one six seconds long at 3:25 a.m., and one 12 seconds long at 4:26 a.m. (paras 118 and 120). The court refers to them as the “consent videos.” Dialogue only; no stills are shown.
First video, 3:25 a.m., six seconds, recorded by McLeod
The court agreed the first video cannot establish consent to each sexual act, but treated it as circumstantial evidence of how she was behaving, noting it was recorded without her knowledge (para 588 (opens in a new tab)).
E.M. testified she had no recollection of the first video being recorded, that she “wouldn’t say” it reflected how she was feeling, and that she felt the men were telling her she was okay with it (paras 122 to 124 (opens in a new tab)).
Second video, 4:26 a.m., twelve seconds, recorded by McLeod
4:26 a.m., 12 seconds
REC
McLeod
“say it.”
E.M.
“Okay. It was all consensual. Are you recording me?”
McLeod
“Ya.”
E.M.
“Okay, good. It was all consensual.”
McLeod
“What else?”
E.M.
“Would you ... you are so paranoid…holy….I enjoyed it. It was fine. It was all consensual ... I am so sober that’s why I can’t do this right now….”
How did a jury trial become a judge-alone verdict?
The trial began with a jury, started over with a second one, and ended with neither.
Illustration made for this site.
Mistrial declared
The lunch-hour encounter
What triggered it
A juror and Hilary Dudding, one of Alex Formenton’s lawyers, crossed paths over the lunch break. The judge told jurors only that “something happened over the lunch hour that I need to think about and to discuss with the lawyers.”
What happened
Dudding said she had done nothing but apologize for bumping into the juror, and the judge called the interaction itself innocuous. All 14 jurors were dismissed, and a new jury was selected on April 25 (TSN (opens in a new tab)).
Why you didn’t hear it at the time
A standard publication ban covers anything argued in the jury’s absence. The reason only became reportable once the trial later went judge-alone.
Jury discharged, judge-alone
The note about the lawyers
What triggered it
A juror sent the judge a note: some jurors felt that Daniel Brown and Hilary Dudding, both of whom acted for Formenton, appeared “every day” to be whispering and laughing “as if they are discussing our appearance,” which the note called “unprofessional and unacceptable.” The lawyers denied it.
What happened
All five defense teams asked for a mistrial, or for the jury to be discharged and the trial to continue judge-alone. The Crown agreed; a new trial would have meant E.M. testifying a second time. Justice Carroccia discharged the jury over concern about possible bias against the defense and carried on alone.
Get the verbs right. Jury #1 was dismissed by mistrial. Jury #2 was discharged, which is not a mistrial: the trial continued before the judge alone instead of restarting a second time in under a month.
The defense requested it, the judge ruled on impartiality, and the Crown consented. From May 16 on, Justice Carroccia heard the case alone; her written reasons, 2025 ONSC 4319, are the verdict this page cites.
Who was cross-examined, and who was not?
How the rules of evidence tested the accounts given on the stand and left four of the five accused never cross-examined.
* Hockey Canada’s investigator canceled her scheduled interviews with Hart and Foote in fall 2022, after a police production order arrived (TSN (opens in a new tab)).
What cross-examining E.M. surfaced
The court’s assessment of her evidence runs from para 485 (opens in a new tab) to para 549 (opens in a new tab); its findings continue to para 576 (opens in a new tab), where it concludes it cannot rely on her evidence. She gave four accounts over seven years: 2018 police interviews, a 2022 civil claim, the 2022 Hockey Canada investigation, and her trial testimony. The Crown argued her inconsistencies were “minor, insignificant, and usually on peripheral issues” (para 485 (opens in a new tab)). These are the judge’s findings.
First raised in her 2022 civil claim; she said she had not “processed” it yet She said the 2018 answer was her “best guess” after first seeing the videos (para 498 (opens in a new tab)497 (opens in a new tab))
Bar video shows her buying eight drinks herself; the only drink seen going to her from a player is a small glass of beer from McLeod First raised in her 2022 civil claim; she said she had not “processed” it yet (para 506 (opens in a new tab)498 (opens in a new tab))
Video shows her touching him, with no guiding Bar video shows her buying eight drinks herself; the only drink seen going to her from a player is a small glass of beer from McLeod (para 505 (opens in a new tab)506 (opens in a new tab))
Hotel video shows her leaving the cab, checking her phone and walking up the stairs without difficulty Video shows her touching him, with no guiding (para 511 (opens in a new tab)505 (opens in a new tab))
Hotel video shows her leaving the cab, checking her phone and walking up the stairs without difficulty (para 511 (opens in a new tab))
During cross-examination, Cal Foote’s lawyer, Julianna Greenspan, showed E.M. and the jury a pair of shoes of the same make and model she wore that night. Greenspan called them stilettos; E.M. said she would call them heels (TSN (opens in a new tab)).
The defense argued she invented an account to explain the night to her mother, who found her crying in the shower, and to her boyfriend (para 545 (opens in a new tab)).
The court found she exaggerated her intoxication (para 544 (opens in a new tab)) and concluded her evidence was neither credible nor reliable (para 576; previewed at para 9).
Why does the law allow this asymmetry?
An accused person has the right not to testify, and the burden of proof rests entirely on the Crown. No inference of guilt can be drawn from silence.
As Justice Carroccia noted, quoting Justice Molloy in R. v. Nyznik, “believe the victim” has no place in a criminal trial, because it would import a presumption of guilt (para 480 (opens in a new tab)).
What critics said about these findings
This column reports the court’s findings. It shows that only two of the accounts given by the complainant and the accused, E.M.’s and Carter Hart’s, were ever tested by cross-examination.
Legal scholars have contested these findings. Daphne Gilbert, a law professor at the University of Ottawa, told The Globe and Mail (opens in a new tab) that the judge’s treatment of a mistake E.M. made about her weight was what she called “shaming a complainant.” Cited here as opinion, not fact.
What was never tested?
E.M. was cross-examined by all five defense teams over seven days (opens in a new tab). Of the five accused, only Carter Hart was cross-examined (para 461 (opens in a new tab)). McLeod, Formenton and Dubé gave statements to London police in 2018.
The Crown entered them at trial and the court weighed them. None of the three testified, so none was cross-examined on them (paras 296 (opens in a new tab), 461 (opens in a new tab)). Cal Foote neither testified nor had a statement in evidence.
McLeod’s police statement left out the “3 way” text; the judge said this “causes me concern about his evidence, however it does not cause me to disbelieve his evidence in its entirety” (para 677 (opens in a new tab)).
Never asked.
The Crown argued the accused were “getting their stories straight” in the June 26 group chat (para 363 (opens in a new tab)). The court rejected that, finding the chat reflected the participants’ “honest recollections” and not a false narrative (paras 566 (opens in a new tab), 570 (opens in a new tab)). Carter Hart was cross-examined on the chat (para 568 (opens in a new tab)); McLeod, Formenton and Dubé were never asked about it.
Asked of Hart only.
Steenbergen testified to a call from Foote but could not remember anything said in it (para 224 (opens in a new tab)). Howden testified that Cal Foote made “essentially the same type of call” but that he could not recall the details (para 241 (opens in a new tab)). In cross-examination, he said he had no current memory of the call, adopted his 2022 statement to Hockey Canada investigators that Foote asked him to leave out something he had not seen, and denied the suggestion that the call never happened (para 259 (opens in a new tab)). The defense argued a call could not show a guilty mind (para 438 (opens in a new tab)). Foote did not testify, and he was acquitted (para 703 (opens in a new tab)).
Never asked.
Accused people have the right not to testify, and no inference of guilt can be drawn from it. These are the accounts the court never heard tested.
Why were the 2022 interviews kept out?
Before trial, Justice Bruce Thomas excluded the 2022 Hockey Canada interviews of McLeod, Formenton and Dubé as involuntary. He found that Hockey Canada’s threat of lifetime bans meant they were “effectively ... left with a choice, I suppose, but really no choice at all” (TSN (opens in a new tab)). Hockey Canada’s own process had them; the trial did not (Hockey Canada’s ruling; The Globe and Mail (opens in a new tab)).
The Crown’s chart and Hart’s evidence
The Crown told the pre-trial court it had built a chart of inconsistencies between what players told Hockey Canada and what they told police (TSN (opens in a new tab)). No court ever weighed it. Its contents are not public, and this section does not guess at them.
The court accepted Hart’s evidence that he asked for oral sex and that E.M. “indicated by her words, and by her actions” that she would engage in it (para 591 (opens in a new tab)). The judgment does not refer to any earlier statement by Hart.
“It is not the function of this court to make determinations about the morality or propriety of the conduct of any of the persons involved in these events.”
The court decided only whether the Crown proved each charge beyond a reasonable doubt (para 479 (opens in a new tab)). Conduct measured against a code was left to Hockey Canada, whose appeal board found on August 12, 2026, that all five breached it, without publishing reasons (Hockey Canada NR.049.26 (opens in a new tab)).
Hart testified that most of the men had girlfriends, so he asked E.M. “can I get a blowie?” (para 273 (opens in a new tab)). He texted Dante Fabbro “get to 209” because he believed she wanted to have sex with more men (para 278 (opens in a new tab)).
Whether that room reflected the conduct Hockey Canada expects of players wearing its crest is a different standard (Hockey Canada’s ruling).
What Hockey Canada paid, on the public record
Every cost accounted for*London, ON, Est. 06/19/2018Reg #209, Cashier: N.E.F.
FY2022 settlement aggregate (the cap) + investigation
Undiscl.Not totalled
Disclosed, this caseNot more than CAD 3.14M
Some costs never appear on a receipt. Every figure above is public record.2018 0619 0209Customer copy, retain 7 years *FY2022 figure may include other settlements. Legal fees not included. Sources: Hockey Canada FY2022 audited statements, note 13; CBC (investigation cost). Tap any line for its source. Where the record says undisclosed, so does the receipt.
Hockey Canada has used its National Equity Fund, a reserve fed largely by the per-player insurance fee included in registration fees, youth hockey included, to settle sexual-misconduct claims (Global News (opens in a new tab)).
A federal audit reported in February 2023 found Hockey Canada did not use public funds to settle sexual assault cases or pay related legal fees (Canadian Press, via CTV News (opens in a new tab)).
Where did the settlement money come from?
The 2022 settlement was paid from Hockey Canada’s National Equity Fund. Hockey Canada has said (opens in a new tab) the fund was built from portions of per-player insurance fees, not general registration fees. Under oath, asked whether the fund is “generated by kids’ registration fees,” its chief financial officer answered: “Yes, among other things” (CHPC Meeting 41 (opens in a new tab)).
Asked why Hockey Canada did not claim on its insurance, he said settling was “the right thing to do” and spared her litigation, and that it did not expect a coverage answer “for months, if not years” (CHPC Meeting 41 (opens in a new tab)).
Testifying under oath before Parliament, Hockey Canada’s chief financial officer said the fund had paid nine settlements totaling $7.6 million since 1989, $6.8 million of it “for Graham James-related incidents.” He added: “Uninsured settled claims are 12 in number, for a total of $1.3 million,” $1 million of it tied to four incidents involving a single perpetrator.
Those are the fund’s lifetime totals, shown to say what the fund is, not the cost of this case.
Commentary. Not affiliated with any person, team, league, or federation. All five accused were acquitted of all charges, R. v. McLeod et al. (Ont. S.C.J. 2025). No contested allegation is asserted as fact.
The NHL ran its own “investigation” of the London events and kept its findings private. It spoke publicly about the five players at least four times: in February 2024, on the day of the verdict, in September 2025, and when it announced its decision two days later. The players’ union answered twice.
Read in order, the league’s statements do not describe one consistent position.
Satire: Gary Bettman as a detective
1 of 4February 2, 2024
Commissioner Gary Bettman
The league would “await the conclusion of the judicial proceedings” and then “respond appropriately.” On the five: “This is not typical of NHL players,” and “these players weren’t NHL players in the league playing games at the time this alleged incident took place.” Deputy Commissioner Bill Daly said the league would not release its own findings while charges were pending.
As reported by TSN, the league called the allegations very disturbing and the behavior unacceptable, said it would review the judge’s findings, and said “the players charged in this case are ineligible to play in the league.” None of the five had an NHL contract at the time.
What procedures: The union did not say which provision it meant. The collective bargaining agreement in force in July 2025 (CBA, the contract between the league and the union) had a process for disciplining off-ice conduct, Article 18-A: written allegations, a hearing, and an appeal to an impartial arbitrator. Its listed penalties were suspension, expulsion, contract cancellation and fines.
The league takes the matter “very seriously, and that’s why it’s still under review.” He gave no update and said he expected a decision “in the relatively near future.”
Called the events after the gala, “prior to these players’ arrival in the NHL,” “deeply troubling and unacceptable,” said the conduct “falls woefully short” of league standards, said their conduct “requires formal League-imposed discipline,” and said the players expressed “regret and remorse” in meetings with the league.
Counting 20 months away from the game, it made all five eligible to sign no sooner than October 15, 2025, and play no sooner than December 1, 2025.
Joanna Baron, executive director, Canadian Constitution Foundation. The Hub, July 24, 2025.
“symposium on sexual morality”
The case for the outcome is a presumption-of-innocence argument. Joanna Baron, executive director of the Canadian Constitution Foundation and a former criminal defense litigator, wrote the cleanest version. Her thesis: a criminal trial is not a “symposium on sexual morality” or on trauma psychology.
It is a process bound by the presumption of innocence, using the bluntest and most severe tool the state has, the power to strip a person’s liberty. On that view the verdict is the system working exactly as designed, and the discomfort it leaves is the price of the standard, not a flaw in it.
She also wrote: “The acquittals in this case are not a vindication of the conduct that occurred in the hotel room that night.”
The case against the outcome
Melanie Randall, law professor, Western University. Policy Options, Sept. 10, 2025.
“a missed opportunity to advance the understanding of consent.”
The sharpest scholarly critique runs the other way. Writing in Policy Options, Melanie Randall, a law professor at Western University, called the judgment “a missed opportunity to advance the understanding of consent.” Gilbert’s specific objection to how the judge weighed the complainant’s credibility is quoted in the credibility section above, cited there as opinion.
For Randall, the failure lies in how the court applied the law of consent, not only in the rules around it.
Where do they agree?
Melanie Randall, a law professor at Western University who wrote one of the harshest critiques of the judgment, still granted that proof beyond a reasonable doubt was difficult to meet on these facts (Policy Options, Sept. 10, 2025 (opens in a new tab)). Agreement stops there.
Sources for this section
Joanna Baron, “The Hockey Canada sexual assault trial verdict is a just legal outcome—but that’s not the end of the story,” The Hub, July 24, 2025. thehub.ca (opens in a new tab)
The Globe and Mail, “Analyzing Justice Maria Carroccia’s Hockey Canada verdict,” quoting Daphne Gilbert, University of Ottawa. theglobeandmail.com (opens in a new tab)
Everyone named in the trial record and the reporting around it: the accused, witnesses, Hockey Canada officials, and counsel. Each entry leads with its documented disposition and links to the source.
The Vegas Golden Knights signed Carter Hart to a two-year contract on October 24, 2025, 92 days after the verdict. A petition from Ontario Says No More, led by SOAR Initiative Canada, asks the NHL and the NHLPA to adopt a league policy on sexual violence, domestic violence and child abuse.
Petition by Ontario Says No More, led by SOAR Initiative Canada, hosted on change.org. Game Misconducts is not affiliated with SOAR or this petition and did not write it, and this site does not adopt its description of the charge or of Carter Hart. Hart was charged with sexual assault and acquitted of all charges on July 24, 2025 (para 700).
Canadian True Crime’s miniseries walks through the trial using the judge’s written decision and the reporting, with two sexual-assault survivors reflecting on what they watched unfold. All five parts, in order.
This site discusses sexual violence and abuse, and the culture around them, in detail. It quotes court exhibits and reporting that some readers will find distressing. Please take care of yourself while you read. There is no rush, and you can stop at any time.
carterhart.com is an independent, noncommercial commentary and activism project from Game Misconducts. It is not affiliated with, endorsed by, or operated by Carter Hart, his representatives, the Vegas Golden Knights, or the NHL. This site reports court records and public documents, and publishes clearly labeled opinion and satire. Carter Hart is one of five players acquitted of all charges on July 24, 2025.