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Pretrial arguments in sexual assault case of ex-Canadian world junior hockey players begin today in London

Pretrial arguments in sexual assault case of ex-Canadian world junior hockey players begin today in London

CBC
Thursday, September 05, 2024 08:11:33 AM UTC

WARNING: This article references sexual assault and may affect those who have experienced​ ​​​sexual violence or know someone affected by it.

Five hockey players charged with sexual assault in a case dating back to 2018 when they were members of Canada's gold-medal-winning world junior team won't be in court today for the start of pretrial legal arguments in London, Ont.

Two days have been set aside this week in Ontario Superior Court for the legal arguments, with proceedings under a publication ban. Usually, accused individuals attend pretrial motions, but the men in this case — who've all had NHL careers — have been granted permission to not attend. 

The charges are tied to an alleged group sexual assault of a woman in a player's hotel room following a Hockey Canada Foundation gala and golf event on June 19, 2018. The identities of the woman as well as two witnesses are also protected under a publication ban.

At the time they were charged early this year, Michael McLeod and Cal Foote were with the New Jersey Devils, Dillon Dubé was with the Calgary Flames and Carter Hart was with the Philadelphia Flyers. Their NHL contracts expired in July. Former NHLer Alex Formenton was playing in Switzerland.

Recently, McLeod and Dubé signed contracts to play in the Russia-based Kontinental Hockey League (KHL). 

The five have pleaded not guilty and have requested a jury trial, which has been scheduled for September 2025.

They waived their right to a preliminary hearing, which has sped up the court process.

It's unclear why the players were granted permission to not be present in the courtroom this week. CBC News has requested the applications made by the players' lawyers. 

There have been several court hearings since the players were charged, with their lawyers appearing on their behalf.

They face one count each of sexual assault; McLeod also faces one count of being party to the offence.

The pretrial motions will be heard by Superior Court Justice Bruce Thomas, who may or may not oversee next year's trial. 

Pretrial motions are a chance for defence and prosecution lawyers to work out legal issues related to the case, including which evidence will be admitted and if there are any constitutional challenges, said Cassandra Demelo, a criminal defence lawyer in London who is not affiliated with this case.  

"Pretrial motions are normally the first step in a trial. They help determine certain issues that need to be vetted before the trial begins," Demelo said. "There are three broad categories that they fall into, and the first one is about victim protection and trying to ensure that the system is as complainant friendly as possible." 

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