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What the jury didn’t hear in the Hockey Canada sexual assault trial

Katie Strang and Dan Robson

May 16, 2025Updated July 25, 2025

​ LONDON, Ont. – After a jury was discharged in the Hockey Canada sexual assault trial on Friday, a publication ban on previously unreported details from the trial was lifted. The highly publicized trial of five former members of the 2018  Canadian World Junior team has been marred by a series of unexpected incidents — including an attempt by a member of the public to locate the Crown’s central witness, concerns that smart glasses were being used to illegally record the proceedings, and aggressive interactions with the media. ADVERTISEMENT The trial will now proceed by judge alone, meaning that Justice Maria Carroccia will hear the remaining testimony and evidence and will issue verdicts on each of the charges.  Friday’s decision comes after a juror sent a note to Carroccia on Thursday that accused two of the defense lawyers of inappropriate behavior. Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote are all charged with sexual assault after an alleged incident in June 2018 in which a 20-year-old woman said she was sexually assaulted over a span of hours by the players in a London, Ont., hotel room. The players were in town for a Hockey Canada gala celebrating their 2018 championship run. Here’s what the jury didn’t hear: A previous mistrial Friday’s decision was the second time a jury has been discharged in the case. Both dismissals came following complaints from jurors that defense counsel acted inappropriately. The most recent jury dismissal was prompted by a development on Thursday, when a juror sent a note to Carroccia that read: “Multiple jury members feel we are being judged and made fun of by lawyers (Daniel) Brown and Hilary Dudding. Every day when we enter the courtroom they observe us, whisper to each other and turn to each other and laugh as if they are discussing our appearance. This is unprofessional and unacceptable.” Brown, who along with Dudding, is representing Formenton, denied the jurors’ allegations. In an emailed statement to the media on Friday morning, Brown suggested that there had been an “unfortunate misinterpretation” by a juror. “No defence counsel would risk alienating a juror, and nothing could be further from the truth in this instance,” Brown wrote. “While it is true that co-counsel will speak with one another from time to time during a trial, this is commonplace. The very idea of counsel making light of a juror is illogical and runs directly counter to our purpose and function.” ADVERTISEMENT The defense teams for the five accused players all agreed that the jury would not be able to remain impartial following the allegations. In arguing for the trial to continue with a judge alone, Brown and other defense attorneys also referenced a “chilling effect” that the allegations would have on the defense teams. Brown said that his ability to make submissions before the court, or even look at the jurors, would be impacted by the situation, impeding his and his counterparts’ abilities to represent their clients. Brown also told the judge that he believed the protestors outside the courtroom and social media commentary may have influenced the jury pool. Crown attorney Meaghan Cunningham argued that an inquiry into the juror complaint would be a sufficient way forward. On Friday, Carroccia declined an inquiry and discharged the jury, citing concerns about the ability of the accused to receive a fair trial. “In this situation I am confronted with jurors who have expressed negative feelings about counsel for Mr. Formenton,” Carroccia said in her ruling. “More importantly, the perception of at least some of the jurors … is that counsel are being unprofessional towards the jury. “My concern is that there is a possibility that several members of the jury harbor negative feelings about the counsel that could potentially impact upon their ability to fairly decide this case.” The jurors were not informed in court that weeks earlier, a mistrial was declared just three days after the initial jury (consisting of 11 women and three men) was empaneled, following an allegation of juror interference. On April 23, Carrroccia advised the court that something happened during the lunch break that required attention and further inquiry. The justice said a juror reported that a member of the court spoke to her at a local dining market during the lunch break. ADVERTISEMENT Brown told the judge that his understanding of the situation was that there was an accidental and innocuous interaction during which his co-counsel, Dudding, and the juror were next to each other in line for lunch and his colleague acknowledged the awkwardness in a benign way. That juror, who was later called in front of the judge and attorneys, described the interaction differently, stating that Dudding spoke to her in line and said there was “a lot of head nodding” that morning, when the jury heard the Crown’s opening statement. Another juror also provided testimony about the situation outside the absence of the jury, stating that, based on her discussion with the juror who relayed the interaction, she found it inappropriate and reported the alleged incident to a Court Services Officer. That CSO also provided testimony to the court about her understanding of the interaction. Defense attorneys argued that the interaction could potentially taint the jurors and prevent their clients from receiving a fair trial. They also pointed out that the early state of the trial allowed the court to easily empanel a new jury and proceed anew before the bulk of witness testimony was heard. Carroccia declared a mistrial on April 25 and a new jury was empaneled the same day. Though Dudding was not directly questioned about the interaction, she was defended by other members of the defense, including Brown and Megan Savard (attorney for Carter Hart). She addressed the court the following day, calling the juror’s claim “acutely painful.” Protestors vex the defense Throughout the trial, dozens of protesters have gathered on the courthouse steps, holding signs and chanting. Signs reading “I Believe You E.M.” and “We Believe Survivors” have been common, among many other phrases. The protestors chanted at the accused and their counsel as they arrived at the courthouse each morning. ADVERTISEMENT Defense attorneys have complained that the protestors were intimidating the players. On one occasion, a protester made it into the courthouse lobby with a sign. On May 5, David Humphrey — attorney for McLeod — addressed the issue with the judge, taking issue with the chants: “What do we want? Justice. When do we want it? Now.” “Free speech is a wonderful thing. It’s an effective form of advocacy,” Humphrey said. “But of course our concern is they’re all advocating for results adverse to the defendants before you. And they’re very forcefully and loudly advocating for a result. And jurors are essentially forced to walk that same gauntlet and be exposed to that same forceful advocacy.” In response, Carroccia made arrangements for the jury to enter the courthouse through a separate, private entrance. She also warned that any protestors that interfered with jurors could be arrested. Outside the public entrance to the courthouse, the protestors persisted. On May 14, the issue was again addressed in court, without the jury present. Savard noted that the protest always ends the moment the last accused player enters the courthouse. “I think it’s very important that that be said, because that is what this is about,” Savard said. “It’s name calling, bullying, attacking. The minute the last accused person enters the building then they disperse. So I just want to identify the targeted nature of it.” Reprimands during the proceedings Members of the public have been able to attend the proceedings, subject to the protocols and publication bans ordered by the court. Multiple attendees have been reprimanded and disciplined for their conduct during the course of the trial. One frequent attendee, Christopher Fowler, was told he was being placed under arrest by London Police officers on April 30 for violating a court order, though the charge was later dismissed. ADVERTISEMENT Fowler was approached by LPS officers in the foyer of the London courthouse and questioned for approximately 15 minutes about his eyeglasses. The day prior in court, a member of the public made a complaint to a court officer involving concerns that Fowler was potentially recording proceedings with his glasses. Carroccia asked the man about his glasses, which he said were Ray-Ban Meta glasses; that model of glasses can record video. When asked by the judge if he was recording on those glasses, Fowler initially affirmed that he was, but then later backtracked. When Fowler arrived in court the next day with his golden retriever service dog, he was questioned by multiple officers, who also searched his belongings and placed items in evidence bags. Fowler’s partner, Terri-Lynn Fowler, was also asked questions by an officer, at which point Brown, defense attorney for Formenton, approached the couple. Brown advised Fowler against making a statement to police. (The room where defense teams gather is located off the foyer.) Fowler, who has approached members of the public, the defendants, and members of the media throughout the trial and introduced himself as the co-founder and director of False Allegations Canada, an organization dedicated “to aiding individuals facing the complexities of false accusations, providing a lifeline for those in need,” was later allowed back into court, with the condition that he not record with his glasses. Fowler, when approached during a brief court recess on Friday, declined to comment on the matter. Also on April 30, as people filtered out into a narrow lobby outside of courtroom 21 on floor 14 for the morning recess, a large, brown-haired man in a grey hooded sweatshirt directed a snide comment at a reporter, casting blame on the reporter for the proceedings. ADVERTISEMENT When asked to clarify what he meant, the man began shouting and pointing at the journalist. “This is all your fault!” he charged, as he pressed into a packed elevator. “You ruined these boys’ lives!” Later in the day, defense counsel Brown brought the outburst up in court, asking for a zero-tolerance policy for such outbursts. The man who accosted the reporter was asked to leave the courthouse and not return for the remainder of the day. He returned on multiple occasions, at times standing against the pillars of the courthouse entryway. On one occasion, he approached Carter Hart and wished him well, patting him on the back and hugging his mother. The same man, after accosting the reporter again outside the courthouse, was later banned from the premises. On May 5, a man attempted to reach E.M., who was testifying by CCTV from a separate floor in the courthouse. The man was intercepted by police before reaching her. The man — who appeared to be in his late 20s and wore a grey sweatshirt and green hat — was escorted down to the lobby, where he was questioned by officers. “So you thought you’d just come and talk to her?” an officer asked him, before he was moved to an isolated area of the lobby to be questioned. The next day, Carroccia told the courtroom that she had learned that a lawyer who was observing the trial remotely, was discussing the case on a radio station and had mentioned which floor and room E.M. was testifying from. Carroccia issued a warning to approved observers of the trial, that those authorizations could be revoked. “We are trying to conduct a trial,” Carroccia said. “Why people feel the need to insert themselves into our trial, I do not know.” “Thanks for that, your honor,” Humphrey said. “It wouldn’t be a day without a speed bump.” “Exactly,”  Carroccia said. “It’s always something.”

The inside stories from the Hockey Canada sex assault case — including what caused that mistrial

By Jacques GallantCourts and Justice Reporter

A brief encounter over the lunch break between a juror and defence lawyer Hilary Dudding last month led to the first sexual assault trial of five professional hockey players to come crashing down before it had barely begun.

Just three weeks later, Dudding would also be involved in the reason why the jury at the second trial had to be suddenly dismissed on Friday morning, after multiple jurors complained that she and co-counsel Daniel Brown appeared to be making fun of them — something that both have strongly denied. 

 

CANADA

Jury dismissed. Hockey Canada trial to go judge-alone after jurors report being ‘made fun of’ by defence lawyers

The reasons why Superior Court Justice Maria Carroccia declared a mistrial in April can now be made public, as the Crown and defence agreed Friday to keep the case moving without a jury as a judge-alone trial. 

The lunchtime interaction is one in a series of incidents that have happened in and around the crowded London courthouse during the high-profile trial for Michael McLeod, Alex Formenton, Carter Hart, Dillon Dubé, and Cal Foote.

There were conflicting reports over what exactly was said at the Covent Garden Market near the London courthouse between Dudding and Juror No. 4 on April 23. But after learning that the entire jury had become aware of at least some details of the incident, and after hearing arguments from the Crown and defence, Carroccia declared a mistrial. She said she was concerned that one or more jurors may now have formed a negative perception of the defence team over what one defence lawyer called a “benign” encounter. 

Carroccia discharged the jury of 11 women and three men on April 25 just three days after they had been selected. By that point, they had only heard the Crown’s opening statement and brief testimony from the prosecution’s first witness, a London police detective. 

“My concern is that the circumstances of this case give rise to the possibility that one or more members of the jury may harbour negative feelings about defence counsel that could potentially impact on their ability to fairly decide the case,” Carroccia said. 

“In my view, fairness to the accused and to the administration of justice require that I declare a mistrial in this case and begin the trial again.”

The lunchtime encounter 

It all started when court resumed after lunch on the first day of trial. Carroccia told the lawyers that a juror had reported to a court officer an encounter with a female lawyer from the case and there was a mention of “head nodding”; the five defence teams then huddled outside the courtroom to figure out what happened and what to do next. 

Dudding’s co-counsel, Daniel Brown, then told the judge there had been a “relatively benign encounter” between the juror and Dudding while they were both in line to order at the market. Dudding was engaged in conversation about matters unrelated to the case when she turned around and realized the juror was behind her. She said to the juror, “Oops, I’m sorry,” and “It’s awkward,” Brown told the judge. 

“In fact, the head nodding may have been that the lawyer was nodding her head, like ‘sorry,’” Brown said. 

The London Courthouse.

Nicole Osborne THE CANADIAN PRESS

Juror No. 4 had a different version of events when she was called into court to tell the judge what happened while seated in the witness box. She said that Dudding — who she assumed was from the courthouse as she was wearing a lawyer’s court shirt — turned around in the line and said to her: “There was a lot of head shaking going on this morning.” 

She identified Dudding in the courtroom as the woman who had spoken to her. 

“I just remembered that I was told that I’m not supposed to say anything, so I just shook my head again, and that was the end of the conversation,” the juror said. 

No. 4 stated that she was just trying to do “everything by the book to make sure this case doesn’t get thrown out.”

The judge had made clear to the jury in her opening legal instructions that they were not to discuss the case with anyone, nor were they to engage with anyone associated with the trial. She assured jurors they would not be considered rude if they were to simply walk by and ignore anyone connected to the case while outside of court. 

After the encounter with Dudding, Juror No. 4 sat down for lunch with Juror No. 7, who said to No. 4 that if it was someone from the courthouse who had spoken to her, then that’s “inappropriate.” Once back at the courthouse, No. 7 raised the issue in front of the whole jury, though didn’t specify it involved one of the lawyers. No. 7 was also brought into court, and told Carroccia that all the jurors were talking about the incident. She relayed that No. 4 told her Dudding’s comment was: “There’s an awful lot of nodding going on.”

Brown told Carroccia that he trusted his colleague’s version of events. 

“Ms. Dudding has been a lawyer for almost 20 years. She’s a veteran of countless jury trials,” he said. “I trust her when she says she didn’t turn around to a juror and say to the juror, ‘There’s a lot of head nodding.’ I can’t imagine a world in which any of that would happen.”

‘A certain propensity to gossip’

In pushing for a mistrial, Hart’s lawyer Megan Savard, arguing on behalf of the five defence teams, said that ultimately it didn’t matter what was said in the encounter, while stating that Dudding’s integrity is “beyond reproach” and Savard would hire her if she was ever in trouble. 

“To be clear, what happened is a juror alleged under oath that a member of the defence team behaved in a way that the entire jury now knows about and collectively views as inappropriate,” Savard told Carroccia, arguing that a minor encounter had now become inflated in the minds of the jurors. 

“The prejudice to the defendants is certainly obvious: true or not, the entire jury is now fixed with the idea that at least one member of the defence team can’t go 24 hours without breaking Your Honour’s rules. At least one of us has been branded as a rule-breaker.”

Given that No. 4 and No. 7 were each offering a slightly different version of events, and that No. 7 also raised the incident with the other jurors, there were now concerns about the jury’s ability to do its job without bias, Savard argued. 

‘My truth’: What we heard from the Hockey Canada sex assault complainant in nine days of testimony

“The jury has effectively and publicly put itself in a credibility contest with the defence team and revealed a certain propensity to gossip about one side of the courtroom,” Savard said. 

“None of the men on this side of the room currently believe that this jury is capable of taking a fair view of them and their lawyers after hearing the evidence about the level of suspicion and gossip directed at this side of the room.”

Crown attorney Meaghan Cunningham pushed to save the jury by arguing that Carroccia could give them general instructions to put the incident out of their minds and probe whether the rest of the jurors had formed any negative impressions about anyone involved in the case. “A mistrial is an extreme remedy, and there should be a further inquiry of the jurors first,” Cunningham said. 

The Crown’s proposal wouldn’t go far enough to preserve the trial’s fairness, Carroccia concluded. She said asking questions of the other jurors could “draw unnecessary attention” to the lawyers in a negative way, and an instruction would also just draw more attention to the lawyer who spoke to the juror. 

She said it wasn’t necessary for her to determine what exactly was said between Dudding and No. 4, only that “the jury is aware that someone related to this trial spoke to a juror in violation of my instructions.”

Dudding described the whole situation as a “very distressing circumstance” when she stood up and addressed Carroccia after the judge issued her ruling, reiterating to her that the encounter was as Brown described. 

“It has reminded me — and I have no doubt everybody else who is present in this courtroom — of just how vigilant we need to be,” she said.

“There are a lot of people involved here, there are a lot of things at stake, a lot of attention. And although every matter deserves that same degree of vigilance, I think there are some extra challenges here, and I wanted to convey that has been made very clear to me.” 

Close quarters at the courthouse

The incident illustrated the challenges in maintaining distance between the various parties, due to the physical limitations of holding the high-profile trial at the London courthouse.

The case was playing out in a courtroom on the 14th floor that could only be reached by two, occasionally three, small and slow-moving elevators. Stairwell access was usually prohibited. In her opening address to the second trial’s jury, Carroccia said they may have noticed that sometimes the elevators “are less than reliable,” resulting in delays to the trial.

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Protestors outside the courthouse in London on Friday.

Geoff Robins/THE CANADIAN PRES

Players and their families, lawyers, journalists, and members of the public — as well as dozens of prospective jurors during the jury-selection phase — who had piled into those elevators then found themselves squished into a small and humid hallway on the 14th floor until the courtroom opened. The only publicly accessible rooms were a courtroom at each end and two tiny bathrooms in the middle, where the accused players would have to line up on breaks along with everyone else.  The result of the elevator dilemma meant everyone was generally stuck on the 14th floor all day, except during the lunch break, which is longer than the other court recesses. Lawyers would try to find corners to huddle with their clients, while journalists would try to have telephone conversations with their editors without being overheard by potential jurors. During jury selection for the second trial, everyone was kept in the courtroom for over 20 minutes at the start of the lunch break to ensure separation from almost 100 prospective jurors as they accessed the elevators. (Court staff finally relented and allowed people into the stairwell, to walk down 14 floors to the lobby.) And given that there’s no cafeteria in the courthouse and limited food options in the area, it was common to see everyone involved in the case — lawyers, jurors, even the judge — at the nearby Covent Garden Market during the lunch break, where the encounter between Dudding and Juror No. 4 occurred.  Member of the public ‘intercepted’ while searching for complainant at the courthouse During a break on the complainant’s first full day of cross-examination on May 6, court heard that someone had gone looking earlier in the week at the London courthouse for the complainant, who had been testifying via CCTV from a different room in the building. No reason was given for why they wanted to see her. Cunningham said the person made it to the floor where the complainant was testifying, but was “intercepted” by London police Det. Lyndsey Ryan, the officer-in-charge of the case, and there was no contact with the complainant. Carroccia said she believed she knew how this had happened: a lawyer from the firm Lerners, whom she didn’t identity, had just spoken on the radio about the case and specified the floor and room from which the complainant would be testifying. The location had been listed on the screen while the complainant testified, viewable to those in the courtroom as well as to those watching by Zoom; after the incident, court staff changed it to simply read: “CCTV.” The judge threatened to revoke outside lawyers’ authorizations to view the trial by Zoom should it become an issue. ARTICLE CONTINUES BELOW “We are trying to conduct a trial here,” Carroccia said. “Why people feel the need to insert themselves into our trial, I do not know.” ‘Those people should be arrested’: Concerns about jury interference Protesters began showing up at the courthouse’s main entrance on May 2, the complainant’s first day of testimony, carrying signs that included “Believe Survivors” and chanting “Break the silence, stop the violence,” among other things, as the players, their lawyers, and jurors walked by them into the building. By the complainant’s second day of testimony on May 5, the number of protesters had grown, and the judge and lawyers were worried it could be intimidating to the jury. In the morning, before jurors came into the courtroom, Carroccia suggested to the lawyers that she would have jurors brought into the building each day through a separate, non-public entrance. But by the end of the court day, Carroccia had become aware that protesters now planned to show up at both the public and non-public entrances – a plan that the judge believed came about after someone watching the proceedings relayed information learned in court back to protest organizers. A deeply concerning development, she said. “So I will ask the staff to notify the police, because if there’s any interference with the jurors, then those people should be arrested,” she said. Cunningham, the Crown attorney, said from her understanding, there had been no efforts so far by the protesters to get in the faces of the jury. “No, it was obviously for the attention of the cameras because it was attended from 8:30 to 10,” Carroccia said. “So once we’re in court, they’re not so interested, apparently.” The judge told Cunningham she had no problem with protesters remaining at the main entrance, it’s that they now planned to be at the non-public entrance after it was discussed in court that jurors would enter through there. “That’s a totally different story,” she said. Cunningham said intimidation of jurors should of course be avoided, but said, “There’s an important distinction between people simply being present with signs and any attempt to, you know — ” before she was cut off the by judge. “I’m not so sure, Ms. Cunningham, when the signs are saying ‘We believe E.M.,’” Carroccia interjected, referring to the complainant’s initials.  The defence was also raising the fact that their clients, who were presumed innocent, had to walk by those protesters every morning, and that it was intimidating to them as well. “If the tides were turned, I can’t even imagine the kind of uproar that would happen if this was an effort to attempt to intimidate the complainant,” said Foote’s lawyer, Julianna Greenspan. In the end, the protesters decided to remain at the public entrance, and no one was at the separate entrance when the jury arrived the following morning. “I checked myself,” Carroccia said. But protesters continued to pose an issue when on May 7, the complainant’s fourth day of testimony, at least one of them made it past security into the courthouse with their sign and confronted one of the accused men and their lawyer, according to McLeod’s lawyer, David Humphrey. Carroccia met with the head of security over the lunch break, who “profusely” apologized and said it wouldn’t happen again. She said police would be posted outside the main entrance to make sure those involved in the case could enter the courthouse without any problems.   Founder of False Allegations Canada runs afoul of the judge over smart glasses  Carroccia called out a man sitting in the public gallery on April 29 after another member of the public reported he appeared to be wearing smart glasses. The judge was concerned he had been recording the trial, which by that point was on its second day; surveillance footage of the complainant, whose identity is covered by a publication ban, had been shown in court with her face visible. Her full name had also been mentioned several times.  “So if you, sir, have glasses that are capable of recording and if you have been recording, then I will ask you to leave this courtroom and not come back,” the judge said. More information about the man emerged the following day, when Cunningham reported that his name was Chris Fowler and he was the founder of False Allegations Canada, which describes itself online as an organization “dedicated to aiding individuals facing the complexities of false accusations.” He had been attending the trial daily with his partner and organization co-founder, Terri-Lynn. Cunningham said a police investigation had been launched into the possible recording. She asked that the Fowlers remain excluded from the courtroom for the time being, and Carroccia agreed.  By the next day, the police had concluded their investigation with no charges laid, Formenton’s lawyer, Daniel Brown, told the judge. He asked that the Fowlers be allowed to return to the courtroom. Cunningham resisted the request, pointing to conflicting reports about whether Fowler had been recording, as well the nature of his organization.  “I don’t think I’d say the Crown’s concerns are completely allayed because no charges were laid,” she said.  But Carroccia allowed the couple back as long as Fowler didn’t wear the glasses. “It’s an open court, so as long as everyone who is present follows the orders of the court, then they can watch,” she said.  Jacques Gallant is a Toronto-based reporter covering courts, justice and legal affairs for the Star. Reach him by email at jgallant@thestar.ca or follow him on Twitter: @JacquesGallant

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