A judge is allowing five former NHL hockey players charged with sexual assault in a case that dates back to when they were with Canada’s world junior team to skip the pretrial legal arguments for “compelling economic reasons.”
In an August ruling made public Thursday, the first day of the pretrial motions in London, Ontario Superior Court Justice Bruce Thomas granted an application from the lawyers for the accused — Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote — to let them miss the 29 scheduled court days. During those proceedings, lawyers will discuss what evidence will and won’t be presented to a jury.
“The applicants have each provided an affidavit wherein they acknowledge the importance of the proceedings and waive the necessity of attending the hearings,” Thomas wrote. “It is clear each of the applicants has a need to work or find work not only to sustain themselves, but to pay their expenses, which at this point include legal fees.”
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.
The men, through their lawyers, have indicated they will plead not guilty and have opted for a jury trial, which is scheduled to start in September 2025.
In his reasons for allowing the players to not appear in court for pretrial arguments, Thomas wrote all five were “skilled junior hockey players” who stopped playing after being charged with the sexual assault earlier this year. “They are unable to play in the National Hockey League at this point,” the judge wrote.
McLeod and Dubé have signed contracts in the Kontinental Hockey League (KHL) in Kazakhstan and Belarus, the judge said. “The travel required by the league and the time zone differences make it extremely difficult to participate in these pre-trial applications,” Thomas wrote.
Foote and Hart aren’t playing, but “have indicated that their training must continue at a high level if they are to have some hope of continuing as professional hockey players,” the judge wrote. Foote lives in Denver and Hart lives in Alberta, but wants to move to Nashville, Tenn., Thomas said.
Formenton lives in Barrie, Ont., and has “moved on from a hockey career,” the court documents state, but is working full time in construction and getting “ongoing training in the operation of heavy equipment as well as the administration aspects of his new trade.”
The Crown did not argue against granting the players their applications, but noted it is a “significant accommodation.”
At the time they were charged early this year, McLeod and Foote were with the New Jersey Devils, Dubé was with the Calgary Flames and Hart was with the Philadelphia Flyers. Their NHL contracts expired in July. Formenton was playing in Switzerland.
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They waived their right to a preliminary hearing, which has sped up the court process. 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.
Each man has “committed to personally attending each day of their trial,” the court documents released Thursday state, and their non-attendance at the pretrial motions won’t delay any proceedings.
“I am content that the applicants understand the seriousness of the allegations they face and the right they are giving up,” Thomas wrote. “I have exercised my discretion to allow each of the applicants to be absent from the upcoming pretrial applications with the exception of those where oral testimony will be heard.”
The attendance issue might be revisited in the future, he added.
Outside court on Thursday, McLeod’s lawyer, David Humphrey, said his client “will be very vigorously defending this case” and “has always taken the position that he is not guilty of any wrongdoing.”
“He’s a professional hockey player. That’s how he makes his living. Like any person facing a criminal allegation, he’d like to continue making a living and it’s also the fact that professional hockey careers can be short and he’d like to extend his career as long as he can.”
