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Max Scherzer blames himself for Blue Jays’ loss

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TORONTO – Max Scherzer has never been one to make excuses.

Scherzer didn’t take the loss on the scorecard when the Toronto Blue Jays dropped a 5-4 decision to the New York Yankees on Tuesday, but he did take responsibility for it after he gave up four runs on five hits and a walk over five innings.

“I just have to locate the ball better. I gotta put the ball where I want to. I’ve got to execute better,” said the surefire Hall of Famer. “This comes down to location. I’ve got to locate the ball better. You’ve got to pitch better.

“I don’t think this is going back to the drawing board, I think my pitches are there, so that’s the good news. But at the end day, I’ve got to pitch better. I’ve got to locate better.”

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Scherzer gave up a three-run blast to Jazz Chisholm Jr., in the first inning and then a solo shot to Cody Bellinger in the fifth as New York (56-45) jumped out to an early lead. Although the Blue Jays tied it 4-4 in the sixth inning on RBI doubles from pinch-hitter Davis Schneider and George Springer, Scherzer still blamed himself for digging too deep a hole for Toronto to climb out of.

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“I take accountability for where I put the ball, and I can be better,” said Scherzer, who struck out four. “I know I can be better, and so I will be better.”


Closer Jeff Hoffman (6-3) actually took the loss for Toronto after he gave up a home run to Ben Rice in the ninth inning. Addison Barger had kept the Blue Jays in the game with a pair of RBI singles in the first and fifth innings.

“I put them in a tough spot by giving up four runs, but the rest of the team did their job,” said Scherzer. “Guys are out there fighting.

“We’re a great team. They’re a great team. These are fun series to be in. You just want to be out there helping your team win more.”

The Blue Jays’ four-game win streak and franchise-best 11-game streak at Rogers Centre were snapped by the defeat but Toronto still held a three-game lead over the Yankees in the American League East standings.

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Blue Jays manager John Schneider wasn’t panicking after the loss.

“We had our chances, but didn’t really come through,” he said. “I love the way they fought, though.

“Every night it’s the same thing. It seems to be a different guy and we’re right in there every game.”

This report by The Canadian Press was first published July 22, 2025.

&copy 2025 The Canadian Press





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A timeline of sexual assault allegations against former Hockey Canada junior players

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A timeline of events that led to former Canada world junior hockey team players Michael McLeod, Alex Formenton, Carter Hart, Dillon Dube and Cal Foote being charged with sexual assault.

Jan. 5, 2018 — Canada’s world junior hockey team defeats Sweden in the gold-medal final in Buffalo, N.Y.

June 18, 2018 — Hockey Canada Foundation Gala & Golf event begins in London.

June 19, 2018 — A woman’s stepfather informs Hockey Canada she alleges she was sexually assaulted by eight players, including members of the world junior team, while intoxicated the previous night following the event. Hockey Canada says it spoke with its insurance provider and then informed London police, which opened an investigation. Hockey Canada subsequently opened its own third-party investigation using a Toronto law firm.

June 2018 — Hockey Canada says it informed Sport Canada of the alleged incident.

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February 2019 — Hockey Canada says London police informed the federation its criminal investigation was closed.

September 2020 — Hockey Canada says it closed its investigation.

April 2022 — The woman files a statement of claim seeking $3.55 million in damages from Hockey Canada, the Canadian Hockey League and the eight unnamed players.

May 2022 — Hockey Canada settles the lawsuit with the woman for an undisclosed amount out of court.

May 2022 — Hockey Canada CEO Tom Renney calls then-Minister of Sport Pascale St-Onge, whose file includes Hockey Canada, to tell her TSN will be breaking the story in the coming days. St-Onge says the conversation is the first time she’s heard of the alleged incident or settlement.

May 26, 2022 — TSN reports the details of the alleged assault and settlement.


Click to play video: 'What’s the biggest takeaway from the world junior hockey trial?'


What’s the biggest takeaway from the world junior hockey trial?


June 2, 2022 — St-Onge orders a forensic audit of Hockey Canada to ensure no public funds were used as part of the settlement.

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June 20, 2022 — Renney and then-Hockey Canada president Scott Smith are grilled by MPs during a Standing Committee on Canadian Heritage meeting about the organization’s response to the situation. Smith and Renney testify the 19 players present in London were “strongly encouraged” to speak with third-party investigators, but not mandated to do so. Hockey Canada adds it does not know the identities of the eight players in question. Smith testifies Hockey Canada has reported three sexual assault complaints in recent years, including the London incident, but won’t discuss the other two in front of the committee.


June 22, 2022 — St-Onge announces a freeze to Hockey Canada’s federal funding until the organization discloses recommendations made by the third-party law firm and becomes a signatory to the Office of the Integrity Commissioner, a new government agency with the power to investigate abuse complaints and levy sanctions.

June 22, 2022 — The House of Commons unanimously approves a Bloc Québécois motion to pursue an independent investigation that will look into how Hockey Canada dealt with the allegations.

June 28, 2022 — Scotiabank announces it is pausing sponsorship of Hockey Canada. Retail giant Canadian Tire and telecommunications company Telus follow suit later in the day. Tim Hortons and Imperial Oil, under its Esso brand, join a growing list of companies to pull sponsorship dollars the next day. In October, Nike suspends its partnership and Bauer pauses its role as the official equipment provider.

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June 30, 2022 — Renney retires as CEO of Hockey Canada after announcing a succession plan in April that tabbed Smith to take over on July 1.

July 14, 2022 — Hockey Canada says in an open letter to Canadians it is reopening a third-party investigation into the alleged 2018 assault. The sport’s national federation adds participation by the players in question will be mandatory, and that anyone who declines will be banned from all activities and programs. Hockey Canada says it now requires players, coaches, team staff and volunteers associated with its high-performance program to participate in mandatory sexual violence and consent training. It will also conduct a third-party review of the organization’s governance, and commits to become a full signatory to the Office of the Integrity Commissioner. Hockey Canada adds it will also create an “independent and confidential complaint mechanism” to provide victims and survivors tools and support to come forward.

July 18, 2022 — The Canadian Press is first to report Hockey Canada has maintained a fund that draws on minor hockey membership fees to pay for uninsured liabilities, including sexual abuse claims. The detail is included in a July 2021 affidavit sworn by Glen McCurdie, who was then Hockey Canada’s vice-president of insurance and risk management, as part of a lawsuit launched by an injured player in Ontario.

July 19, 2022 — Hockey Canada confirms the existence of the “National Equity Fund” in a statement, adding it covers a “broad range of expenses related to safety, wellness and equity initiatives” across the organization. “The fund is also used to pay for the organization’s insurance premiums and to cover any claims not otherwise covered by insurance policies, including those related to physical injury, harassment, and sexual misconduct,” the statement read. Hockey Canada says the fund was “established in a manner consistent with reserve funds maintained by other large national organizations.”

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Click to play video: 'World junior complainant’s memory gaps due to ‘trauma,’ Crown says in closing submissions'


World junior complainant’s memory gaps due to ‘trauma,’ Crown says in closing submissions


July 19, 2022 — Then-Prime Minister Justin Trudeau blasts Hockey Canada’s leadership over the “National Equity Fund” being used to settle sexual abuse claims. “I think right now it’s hard for anyone in Canada to have faith or trust in anyone at Hockey Canada,” Trudeau tells reporters on Bowen Island, B.C. “What we’re learning … is absolutely unacceptable.”

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July 20, 2022 — Hockey Canada says it will no longer use its “National Equity Fund” to settle sexual assault claims.

July 20, 2022 — Police in London order an internal review of their investigation into the alleged 2018 sexual assault, saying the original investigation, which concluded without charges, was “lengthy and detailed.”

July 22, 2022 — Then-London police chief Steve Williams announces his force is reopening its investigation into the alleged 2018 sexual assault.

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July 22, 2022 — Hockey Canada says members of its 2003 men’s world junior hockey championship team are being investigated for a group sexual assault. Hockey Canada says it has contacted Halifax Regional Police about the allegations because Halifax was the co-host city of the 2003 world junior hockey championship.

July 25, 2022 — Players on Canada’s Olympic and world championship women’s hockey teams issue a joint statement demanding a thorough investigation into the 2018 and 2003 allegations. The statement says Hockey Canada has a lot to do to address “toxic behaviour” in the sport. The statement comes after Hockey Canada announces an “action plan” that includes, among other measures, the implementation by the end of September of a centralized tracking and reporting system for abuse complaints.

July 26, 2022 — Another round of parliamentary hearings investigating Hockey Canada’s response to the 2018 allegation begins in Ottawa. Michel Ruest, a senior director at Sport Canada, says the federal organization was made aware of an alleged sexual assault involving members of Team Canada’s world junior hockey team in late June 2018, but did not follow up with Hockey Canada at the time. Former NHL player and victims rights advocate Sheldon Kennedy calls for the resignation of Smith, his leadership team and the organization’s board of directors.

July 27, 2022 — Hockey Canada chief financial officer Brian Cairo says the organization used its National Equity Fund to pay out $7.6 million in nine settlements related to sexual assault and sexual abuse claims since 1989, with $6.8 million of that related to serial abuser Graham James. The figure does not include the undisclosed amount of the settlement related to the 2018 allegations. Smith is questioned by MPs a second time, and resists calls for his resignation from a bipartisan selection of politicians.

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Aug. 2, 2022 — The lawyer for the complainant in the 2018 lawsuit says his client passed a polygraph test, which was provided to the London Police, the Hockey Canada review and NHL investigators.


Click to play video: 'World junior judge blocks Crown from including  ‘critical’ text'


World junior judge blocks Crown from including ‘critical’ text


Aug. 4, 2022 — Former Supreme Court of Canada judge Thomas Cromwell is named the head of a review into Hockey Canada’s governance.

Aug. 6, 2022 — Hockey Canada board chair Michael Brind’Amour resigns before his term expires in November. He says he’s leaving to accelerate change and a new era for the organization. Brind’Amour was elected board chair in 2018.

Aug. 9, 2022 — Toronto lawyer Andrea Skinner is appointed interim chair of Hockey Canada’s board of directors.

Oct. 4, 2022 – Hockey Canada’s former and current board chairs defended the sporting body’s leadership in a hearing before the Canadian Heritage standing committee. Former chair Michael Brind’Amour said he believes president and CEO Scott Smith has the qualities to “do something positive for the organization.” Interim chair Andrea Skinner told the committee that hockey should not be made a “scapegoat” or “centrepiece” for toxic culture that exists elsewhere.

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Oct. 5, 2022 – Hockey Quebec says it has lost confidence in Hockey Canada and will not transfer funds to the national organization. Hockey Quebec has also decided to keep the portion of registration fees normally handed over to the national organization, which amounts to $3 per sign-up. Multiple member hockey associations follow suit in the following days.

Oct. 6, 2022 – Prime Minister Justin Trudeau says the federal government could step in and allow a new national body to replace scandal-plagued Hockey Canada.

Oct. 8, 2022 –  Andrea Skinner submits her resignation as the interim chair of Hockey Canada’s board of directors.

Oct. 11, 2022 – Scott Smith is out as Hockey Canada’s president and CEO, the organization announced following interim recommendations from Thomas Cromwell’s governance review. The board of directors also resigns.

Nov. 4, 2022 – The full 221-page report of Thomas Cromwell’s review is published. The report says Hockey Canada is at a “crossroads” and calls for more oversight and accountability at the organization. Recommendations include a restructuring of the board of directors and improved organizational practices, including the taking of minutes at all Hockey Canada meetings.

Dec. 17, 2022 – Hockey Canada members elect a new board of directors.

Dec. 19, 2022 – Police in London, Ont., say they have grounds to believe a woman was sexually assaulted by five players on Canada’s 2018 junior men’s hockey team.

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Mar. 27, 2023 – Hockey Canada says players from the 2018 world junior hockey team will not be considered for international competition until an investigation into an alleged sexual assault involving members of the team is complete.

April 16, 2023 – The federal government restores Hockey Canada’s funding.

July 4, 2023 – Hockey Canada appoints former Curling Canada chief executive Katherine Henderson as its next president and CEO.

July 17, 2023 – Sports apparel giant Nike permanently ends its sponsor partnership with Hockey Canada that dates back to 1999. The decision comes almost two weeks after equipment brand Bauer reinstated its partnership with Hockey Canada.

Nov. 18, 2023 – Hockey Canada board of directors appoints Jonathan Goldbloom as new chair, taking over from Hugh L. Fraser. Gillian Apps, Amanda Fowler, Corey Hirsch, Kristi Miller, Krista Outhwaite and Geoffrey Wong are elected as new board members. Grant Borbridge, Goldbloom and Marian Jacko are re-elected after serving on Hockey Canada’s transition board of directors.

Jan. 21, 2024 – Calgary Flames say forward Dillon Dube has been granted an indefinite leave to attend to his mental health and is under the care of professionals.

Jan. 23, 2024 – Philadelphia Flyers goaltender Carter Hart takes an indefinite leave of absence for personal reasons.

Jan. 24, 2024 – The Globe and Mail reports that five members of Canada’s 2018 world junior hockey team have been told to surrender to police in London, Ont., to face charges of sexual assault. Swiss club HC Ambri-Piotta grants former Ottawa Senators forward Alex Formenton a leave of absence for personal reasons. The New Jersey Devils say forward Michael McLeod and defenceman Foote are granted leave but do not give a reason.

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Jan. 26, 2024 – Hart surrenders to London Police, according to court documents.

Jan. 28, 2024 – Formenton and Foote surrender to London Police, according to court documents. Video footage shows Formenton entering a London police station with his legal representation. Lead counsel Daniel Brown confirms Formenton is one of several people facing charges and says in an email, “Alex will vigorously defend his innocence and asks that people not rush to judgment without hearing all of the evidence.”

Jan. 29, 2024 – Dube surrenders to London Police, according to court documents.

Jan. 30, 2024 – McLeod surrenders to London Police, according to court documents. Lawyers for McLeod, Dube, Foote and Hart confirm their clients have been charged with sexual assault. All four players say through their lawyers that they intend to plead not guilty.

Jan. 31, 2024 – Charges are formally sworn in court. All five players are charged with one count of sexual assault. McLeod is charged with an additional count of being a party to the offence of sexual assault.

Feb. 5, 2024 – The sexual assault case against the five players makes its first appearance in a London, Ont. court. At a press conference, London police chief Thai Truong offers an apology for how long it had taken for charges to be laid in the case.

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Nov. 28, 2024 –Ontario Superior Court Justice Bruce Thomas, who oversaw the pre-trial hearings in the case, rules that statements the accused players gave to Hockey Canada in 2018 can’t be used in their criminal trial because they were obtained by investigator Danielle Robitaille under threat of penalties that could affect their hockey careers.

April 22, 2025 – The trial for all five accused players begins in London, Ont., with Ontario Superior Court Justice Maria Carroccia presiding.

April 25, 2025 – Carroccia declares a mistrial just days into the proceedings. The reason is not publicly disclosed at the time, but the mistrial stemmed from a brief interaction one of the defence lawyers had with a juror during a lunch break. Carroccia found that a mistrial was necessary because it was enough that the jury had heard allegations that someone related to the trial spoke to a juror in violation of the court’s instructions. A new jury is selected.

April 28, 2025 – The trial begins again, with the new jury panel.

May 2, 2025 – The complainant in the case, who cannot be identified under a publication ban, takes the stand for the first time in the trial. Her testimony ends up spanning nine days, including seven of cross-examination.

May 16, 2025 – The trial faces another major upheaval, abruptly converting from a jury to a judge alone in order to avoid a second mistrial. Carroccia rules to discharge the jury after one juror sent a note to the judge indicating some members of the panel felt two of the defence lawyers were laughing at them as they came into court each day. The move to a judge-alone trial was initially opposed by prosecutors, who argued that switching gears weeks into their evidence could harm their case. But that changed when the judge made it clear the trial would otherwise go back to square one.

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June 13, 2025 – Legal arguments in the trial conclude, after prosecutors argued the complainant did not voluntarily consent to the sexual acts that took place in the room, and the players did not take reasonable steps to confirm she consented. Defence lawyers, meanwhile, argued the woman actively participated in and initiated the sexual activity, then made up allegations because she didn’t want to take responsibility for her choices that night.

Carroccia tells the court she will deliver her ruling on July 24.





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Judge set to deliver ruling after turbulent sexual assault trial of 5 hockey players

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Seven years after an encounter that put sports culture under a national microscope and sparked a new wave of conversations about consent, a judge is set to rule this week on whether the actions of five hockey players inside a London, Ont., hotel room that night constituted sexual assault.

Ontario Superior Court Justice Maria Carroccia is expected to deliver her decision Thursday in the trial of Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote, young men who played on Canada’s 2018 world junior hockey team.

The players, now between the ages of 25 and 27, have all pleaded not guilty to sexual assault. McLeod has also pleaded not guilty to a separate count of being a party to the offence, an unusual application of a charge that court heard is more typically seen in murder cases.

Years of public discourse and speculation regarding the allegations – fuelled by a civil settlement, parliamentary hearings and revived investigations by police and Hockey Canada – set the stage for a complex trial whose twists and turns captivated the country over roughly two months this spring.

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Challenges and setbacks arose almost as soon as the trial began, including a mistrial in the first few days and a sudden switch from jury to judge-alone proceedings weeks later in order to avoid a second.

The change means that when Carroccia delivers her ruling, the judge will also lay out the reasons for her findings – unlike a jury, which only hands down a verdict. In Canada, unlike the United States, jurors are forbidden by law from discussing jury work, including deliberations, with anyone aside from mental health professionals.

The public benefits from that additional insight in high-profile cases such as this, said Lise Gotell, a professor at the University of Alberta who teaches on consent and sexual assault.

Regardless of the outcome, the case has cast a spotlight on Canada’s high legal standard for consent, some experts say, and its impact is likely to reverberate beyond the courtroom.


Click to play video: 'World junior defence wraps closing submissions, Crown begins final pitch'


World junior defence wraps closing submissions, Crown begins final pitch


“Whatever the outcome of this trial is, the implication … will have been to put this kind of hockey masculinity, hockey culture on trial,” Gotell said in a recent interview.

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“Because even if the judge determines that there was no sexual assault, definitely what occurred in that hotel room – although I realize there are competing stories about that – is deeply troubling.”

The events at the heart of the trial took place in June 2018, as the accused and many of their national junior hockey teammates were in London for a gala and golf tournament to celebrate their victory at that year’s championship.


After an open-bar gala hosted by Hockey Canada, most of the team ended up at a downtown bar where the complainant was drinking and dancing with co-workers, court heard.

The woman, who was 20 at the time and cannot be identified under a publication ban, eventually left with McLeod and the two of them had sex in his hotel room, court heard. That encounter is not part of the trial, which instead focused on what happened after several other members of the team came into McLeod’s room.

Prosecutors allege McLeod was the “ringleader,” arranging to have his friends come to engage in sexual acts with the woman without her knowledge or consent and expecting her to go along once they arrived.

The woman did not voluntarily consent to the sexual acts that followed, nor did the players accused in the case take reasonable steps to find out whether she did, the Crown alleges.

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“She was incredibly vulnerable in that room. … She was naked and there were 10 of them. They all knew each other, and she was a stranger to all of them,” prosecutor Meaghan Cunningham argued in her closing submissions.

“These are circumstances where the law demands more steps be taken (to confirm consent) than in other situations.”

Under Canadian law, consent must be communicated for each specific act at the time it takes place and cannot be obtained retroactively or given broadly in advance, she said.


Click to play video: 'What’s the biggest takeaway from the world junior hockey trial?'


What’s the biggest takeaway from the world junior hockey trial?


Defence lawyers, meanwhile, argued the woman actively participated in sexual activity with the men, even taunting them to do things with her at times.

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She made up the allegations to avoid taking responsibility for her choices that night, including her decision to cheat on her boyfriend, they argued in closing submissions that largely took aim at her credibility and reliability as a witness.

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David Humphrey, who represents McLeod, said the woman’s account of what happened is undermined by some of what she told police in 2018, as well as the testimony of other eyewitnesses and other reliable evidence.

The woman initially portrayed herself as too drunk to consent, then came up with the explanation that she engaged in sexual acts out of fear when she filed a civil suit after the initial police investigation was closed without charges, he argued.

The onus is not on the accused to prove their innocence or disprove the Crown’s case, Humphrey said, nor is the court tasked with assessing whether the men “could have been better behaved or more respectful.”

From the widespread public speculation that preceded the charges to the parallel Hockey Canada investigation and the number of accused and eyewitnesses, “nothing about this case is common or typical,” said Daphne Gilbert, a professor at the University of Ottawa who teaches sexual assault law.


Click to play video: 'World junior trial: Court watches Michael McLeod’s 2018 police interview'


World junior trial: Court watches Michael McLeod’s 2018 police interview


It all comes down to Carroccia’s understanding of consent, and it will be interesting to see how the judge addresses the issue of what represents reasonable steps to determine consent, Gilbert said.

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“We don’t have great case law on what constitutes reasonable steps … so from a legal perspective I think that’s going to be a really interesting legal question,” she said in a recent interview.

The judge’s findings and reasoning regarding the charge of being a party to the offence of sexual assault could also explore new legal territory, Gilbert said.

On a broader social level, the case could have a “chilling impact” on the reporting of sexual assault allegations, particularly in light of the complainant’s lengthy testimony, the professor said, adding she would like to see Carroccia say something about how people can trust in the justice system.

Gilbert, whose class on sexual assault law touches on ethical defence practices, said the ruling would ideally address “some of the tactics of the defence lawyers.”

“There’s ways of doing it without being brutal and without brutalizing a complainant, and I thought a couple of the lawyers went too far,” she said.

For example, Formenton’s lawyer, Daniel Brown, at one point repeatedly referred to the complainant as having a “sober” persona and a “fun” persona, which Gilbert said she found offensive.

Brown declined to comment. The other defence lawyers did not respond to a request for comment before publication.

Police closed their initial investigation without charges in early 2019, a decision court heard was based in part on the lead detective’s view that the complainant did not look overly intoxicated in security footage from the hotel.

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It wasn’t until three years later that the incident first came to the public’s attention.


Click to play video: 'Carter Hart takes the stand in world junior sexual assault trial'


Carter Hart takes the stand in world junior sexual assault trial


TSN reported in the spring of 2022 that Hockey Canada had quietly settled a lawsuit against the sporting organization and eight unnamed players for an undisclosed amount.

The lawsuit was settled before the unidentified players even got wind of it, court heard, and Hockey Canada soon found itself at the centre of a growing scandal that drew political scrutiny and dealt a major blow to its finances as corporate sponsors paused or withdrew funding.

The organization reopened its investigation into the allegations and said it would publicly name and impose a lifetime ban on any players who didn’t participate.

Police also revived their probe and obtained a production order for Hockey Canada’s investigative file, which included interviews conducted that fall with McLeod, Dube and Formenton. Those interviews were later excluded from the trial after a judge found they were secured under threat of penalties that could affect the players’ careers.

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The players’ identities were made public when they were charged in early 2024.

At the time, four of them played in the NHL – Dube for the Calgary Flames, Hart for the Philadelphia Flyers, McLeod and Foote for the New Jersey Devils. Formenton had previously played for the Ottawa Senators before joining a team in Switzerland. All were allowed to go on indefinite leave.

The trial began in April of this year and heard testimony from nine witnesses, including Hart and four other world junior teammates who were in the room at various points that night.

Video or audio recordings of the interviews McLeod, Formenton and Dube gave police in 2018 were also played in court, as were two short videos of the complainant taken by McLeod about an hour apart the night of the encounter.

In one of the clips, the woman says it was “all consensual,” though she told the court that wasn’t how she truly felt.

It’s not uncommon for professional athletes to take such videos, Hart testified, and the defence argued the clips present “crucial evidence” that the woman was consenting and not afraid. Prosecutors, however, argued the videos are not evidence of consent nor do they represent reasonable steps to determine whether the woman was voluntarily consenting.

The complainant took the stand via CCTV over nine days, seven of them cross-examination by the defence, with tensions rising on several occasions.

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Memory was a recurring issue for many of the witnesses, who pointed to the passage of time as well as the alcohol they had consumed that night.

The trial heard that shortly after 2 a.m., McLeod texted a team group chat asking if anyone wanted a “three-way,” and Hart replied, “I’m in.” McLeod did not tell police about the text when he was interviewed, instead saying he had told “a few guys” he was ordering food and had a girl in his room.

The woman was still naked and drunk when men she didn’t know started coming into the room, she told the court. She was surprised and scared, and felt she had no choice but to go along with what they wanted, she said, engaging in sexual acts on “autopilot.”

She tried to leave at various points, and while no one physically stopped her, someone coaxed her into staying each time, she said.


Click to play video: 'Ex-teammates testify as world junior trial resumes by judge alone'


Ex-teammates testify as world junior trial resumes by judge alone


Two players who were called as Crown witnesses, Tyler Steenbergen and Brett Howden, as well as Hart, testified that the woman asked the group whether anyone would have sex with her. At one point, she seemed upset no one was taking her up on it, Hart testified.

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The woman, meanwhile, testified she didn’t remember saying such things, but that if she did, it was because she was intoxicated and had taken on the persona of a “porn star” as a coping mechanism.

About a week after the encounter, the players who were in the room formed a group chat to discuss how to respond to Hockey Canada investigators looking into the incident, court heard.

When asked about the chat, Hart said he thought everyone in it was “just agreeing to tell the truth,” though he agreed under cross-examination that he was asking for advice on what to say because he was worried about getting in trouble with the sports organization.

The Crown alleges the men in the chat collectively built a narrative about that night, including that the complainant was “begging for sex,” but prosecutors faced pushback from Carroccia during submissions on the issue. The judge said there was another competing inference available: that the men were repeating what they believed happened.

The trial was “extremely messy,” both in terms of procedure and evidence,  said Gotell, the University of Alberta professor.

“The jury had to be dismissed once, and then it was dismissed twice, and then moved to a judge-alone trial as a result of a defence application,” she said. “All of this messiness could potentially create opportunities for appeal.”

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The trial was forced to restart days after it began when a juror and a defence lawyer had a brief interaction during the lunch break. A new jury was selected, then dismissed weeks later after one of them told the judge some panel members felt Formenton’s lawyers were mocking them.

In both cases, Carroccia found the incidents raised concerns that the jury could harbour negative views of the defence. The trial continued without a jury to avoid rebooting a second time.

Prosecutors had opposed both mistrial applications, and on the second occasion, they argued that switching to a judge alone after the Crown had presented most of its evidence could prejudice its case.

Gotell said while the evidence in most sexual assault cases is messy, what makes this one different is the number of eyewitnesses.

Typically, the alleged offences happen in private with only two people present, though there may also be forensic evidence such as rape kits, she said. In this case, however, there were many people in the room over the course of the night, she said.

“That’s an awful lot of people who could potentially, and again over seven years, could potentially say very different things, right?” she said. “I think that that’s what makes this messy.”





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Canadian leaders hold final day of talks in Ontario cottage country

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The third and final day of meetings in Ontario’s cottage country is dawning, with bail reform expected to be the major talking point for Canada’s premiers.

Since Monday, Ontario Premier Doug Ford has hosted provincial and territorial premiers in Muskoka for discussions dominated by trade talks, including a briefing from the prime minister.

Monday featured a meeting which ran for roughly three hours of talks with Indigenous leaders, before Ford hosted premiers and the prime minister at his family cottage for dinner.

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The second day was dominated by the threat of tariffs from U.S. President Donald Trump. Prime Minister Mark Carney chaired a briefing with premiers on the odds that a deal with the States can be reached.

Thirty-five per cent tariffs are currently scheduled for Aug. 1.

While the premiers and prime minister appeared to broadly agree about the threat from the United States, the need to improve internal trade and concerns about Trump’s unpredictability, they emerged with few concrete solutions.

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A news release issued directly after the meeting wrapped earlier than expected pointed to the need to work quickly on major projects and to coordinate federal tariff responses.

It did not include any specific retaliation that the council had agreed upon, nor did it identify nation-building projects they would all back.

Tuesday ended with an evening reception for the premiers, Ontario Progressive Conservative caucus members and other major stakeholders.

The final Wednesday morning meeting, which will touch on bail reform among other potential topics, will be followed by a news conference from the premiers.


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