The evidence so far and what's next at sex assault trial of 5 ex-world junior hockey players in London, Ont.
CBC
WARNING: This article references sexual assault and may affect those who have experienced sexual violence or know someone affected by it.
A surveillance video shows the men arriving together, first-pumping the air outside Jack's bar on London, Ont.'s Richmond Row, an establishment popular with university and college students as well as other young people.
The world junior, gold medal-winning hockey players bypass the line, which snakes down the sidewalk, speak to a bouncer and are ushered inside after their ID's are checked.
The footage is from video from June 2018 that was played Monday at the trial of five of the players, who are now charged with one count each of sexual assault. Michael McLeod, Dillon Dubé, Cal Foote, Carter Hart ad Alex Formenton — who all had NHL careers at one point — pleaded not guilty on Friday.
McLeod has also pleaded not guilty to a charge of being party to the offence. In opening statements, the Crown said McLeod faces that added charge because he's accused of encouraging and helping his teammates to engage in sexual activity with the complainant, known as E.M., without her consent.
Earlier Monday, the jury saw video of E.M. waiting in line to enter the same establishment with a friend. She's seen going to an ATM and then to the bar, and drinking two shots.
On Tuesday, the jury is expected to see more videos from the bar and from the Delta Armouries, the hotel where the sexual assault is alleged to have taken place in the early-morning hours of June 19, 2018.
A jury was chosen on Friday and the trial began in earnest Monday, with the judge giving jurors instructions on how to consider the evidence that will be presented and the Crown outlining its case against the five men.
The men were in London for a gala celebrating their hockey win months earlier. On Monday morning, London police Det. Tiffany Waque, the Crown's first witness, showed pictures pulled from social media of some of the men showing off their championship rings. Waque's testimony will continue on Tuesday.
"This is a case about consent, and equally as important, this is a case about what is not consent. This case is not about whether E.M. said no, or removed herself from an unwelcome situation when she had the opportunity," assistant Crown attorney Heather Donkers told the jury of nine women and five men.
"This case is about whether she voluntarily agreed to engage in each and every instance of sexual touching that took place, at the time that they happened. At the end of this trial, we will ask you to find each of the five defendants guilty of sexual assault because they touched E.M. sexually without her voluntary agreement to each act when it took place."
The jury was told to leave behind their pre-conceived ideas about what constitutes sexual assault, what perpetrators of sexual assault look like or how someone responds to a sexual assault.
"You will have to make a conscious effort to resist and help others resist jumping to conclusions based on conscious or conscious biases based on gender, age, race or any other factor," Justice Maria Carroccia told the jury.
The Crown must prove its case beyond a reasonable doubt for the jury to find the men guilty, she said.
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