Crown in Hockey Canada Sex-Assault Trial will not rely on non-guilty judgment

De Kroon has made the decision not to appeal the verdict in the Hockey Canada Sexual Assault case, following the acquittal of all five accused players from the World Junior Team 2018 last month.

After the verdict was announced in a London, Ont., court on July 24, Crown Attorney Meaghan Cunningham stated that she would review Justice Maria Carroccia’s ruling before determining the next steps.

Lawyer Daniel Brown, representing Alex Forenton, confirmed that De Kroon informed him of this decision on Thursday.

The Ministry of Attorney General of Ontario did not provide any comments on the matter.

This decision by De Kroon brings an end to a legal saga that has gripped the country for the past three years, sparking investigations and raising questions about cultural issues within the sport of hockey in Canada.

When the allegations first surfaced in 2022, Hockey Canada faced accusations of concealing the controversy, leading to months of federal inquiries. The organization’s CEO and Board of Directors eventually resigned, and significant changes were implemented within Hockey Canada.

The five players – Alex Forenton, Michael McLeod, Carter Hart, Dillon Dubé, and Cal Foote – were acquitted of sexual assault charges after a lengthy trial. McLeod faced an additional charge of being party to sexual assault, which was also dismissed.

The complainant, known publicly as EM, alleged that the men assaulted her in a hotel room in London in June 2018 after meeting them at a bar earlier that evening. The players were in the city for a gala honoring Canada’s World Junior Team.

EM claimed she consented to sexual activity with Mr. McLeod but alleged that he later invited other players into the room without her consent, leading to the assault.

During the trial, EM faced intense questioning from the defense regarding her recollection of the events of that night, including her level of intoxication and consent to sexual acts.

Justice Carroccia noted discrepancies in EM’s statements to investigators and her testimony in court, ultimately stating that she could not rely on EM’s evidence.

Witnesses who testified during the trial struggled to recall details from seven years ago, including players who were present in the hotel room but not charged.

De Kroon attempted to introduce statements made by the players to Hockey Canada during their internal investigation, but these were deemed inadmissible by Justice Carroccia after defense lawyers argued they were coerced.

The allegations came to light in 2022 when Hockey Canada reached a settlement with EM on behalf of the organization and the players. The settlement amount remains undisclosed.

Hockey Canada reportedly paid $2.85 million in legal settlements during the 2021-22 financial year, but it is unclear how many claims were settled. The players remain suspended from the NHL pending further evaluation, and Hockey Canada has suspended them from national team programs while conducting its investigation.

The case has sparked discussions about the culture within the sport of hockey and the need for accountability and transparency moving forward.