Consent in the Spotlight: Canadian World Junior Hockey Trial Highlights the Complexity of Sexual Assault Law

Strategic Insights -

Five former Canadian world junior hockey players, including Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé, and Cal Foote, are awaiting a ruling in their sexual assault trial following an encounter in a London, Ont., hotel room on June 19, 2018. The trial has brought to light a broader misunderstanding of consent and sexual assault law in Canada. Prosecutors argued that the complainant did not voluntarily agree to the sexual acts that took place, nor did the players take reasonable steps to confirm her consent. Defence lawyers challenged the complainant's credibility and reliability as a witness, suggesting she was an active participant in the sexual activity and made up the allegations.

Key Takeaways:

  • Two cellphone videos presented as evidence showed the complainant saying she was "OK with this" and that "it was all consensual," which defence lawyers argued proves her consent.
  • Legal experts, including University of Ottawa law professor Daphne Gilbert and York University law professor Lisa Dufraimont, argue that such videos have very little relevance in determining consent, as it must be ongoing and contemporaneous with the sexual activity.
  • Gilbert stated that there's no such thing as advance consent or after-the-fact consent, and that simply saying "it was all consensual" doesn't make it so.
  • Dufraimont noted that the videos could be seen as hearsay and might be used for other legal arguments, such as describing the defendant's or complainant's actions at the time of the alleged sexual assault.
  • The Crown argued that the videos shown in court weren't proof of voluntary consent, and that consent must be communicated for each specific act at the time it takes place.
  • Only one of the accused, Carter Hart, took the stand in his own defence, and three others gave police interviews in 2018.
  • Gilbert emphasized that Canada still needs to educate young people about consent, especially in sports, and that professional hockey is behind on enacting policies to address the issue.
  • Consent should be "enthusiastic, affirmative, ongoing, coherent" – yes means yes, according to Gilbert.

Statistics:

  • Five former Canadian world junior hockey players are awaiting a ruling in their sexual assault trial.
  • The encounter in question took place on June 19, 2018, in a London, Ont., hotel room.
  • Two cellphone videos presented as evidence showed the complainant saying she was "OK with this" and that "it was all consensual."
  • Only one of the accused, Carter Hart, took the stand in his own defence.
  • Three others, including Michael McLeod, Alex Formenton, and Dillon Dubé, gave police interviews in 2018.
  • The trial has highlighted a broader misunderstanding of consent and sexual assault law in Canada.

Sources:

  • The Canadian Press (no date provided)
  • University of Ottawa law professor Daphne Gilbert
  • York University law professor Lisa Dufraimont
  • Nicole Osborne/The Canadian Press file photo