Crown and Defence Present Closing Arguments in Hockey Canada Assault Trial

The trial of five former Hockey Canada players concluded on Friday with the Crown attorney, Meaghan Cunningham, presenting what she called a "path to conviction" in a case that hinges on the issue of consent. Defence lawyers, however, argued that there is insufficient evidence for a guilty verdict, with some asserting that the complainant, E.M., had initiated sex with the accused and had not objected to the acts that transpired over the course of several hours. The matter of consent remains at the heart of the case, with the defence suggesting that E.M. was "communicating consent throughout" and the Crown arguing that the videos of the complainant, taken on the night of the alleged assault, show that she was coerced into saying things that were not true.

Key Takeaways:

• The defence argued that E.M. was the one who initiated sex with the accused and had not objected to the acts that transpired, with defence lawyer David Humphrey stating that "She was communicating consent throughout."
• The Crown presented what they called a "path to conviction," with Crown attorney Meaghan Cunningham arguing that the videos taken on the night of the alleged assault were coerced statements that amount to "box checking" after the fact.
• The videos form a key aspect of the defence's case that the acts in question were consensual, but the Crown argued that they show the opposite, with Ms. Cunningham stating that "They’re the kind of token lip service, box checking that the court of appeal says is not a reasonable step."
• E.M. met Mr. McLeod at a London bar after the Hockey Canada event and the two had consensual sex, but she alleges that Mr. McLeod later invited several teammates to the room without her consent who then took turns sexually assaulting her.
• Defence lawyers have asserted that it was E.M. who was asking the men for sex and that she did not object to any of the acts that transpired, with some suggesting that she was "beaming" and enjoying herself in the second video.

Statistics:

• The trial ran for eight weeks.
• The evidence included short cellphone videos of the complainant, taken on the night of the alleged assault.
• The videos were shown to have been taken in the early hours of June 19, 2018.
• E.M. agrees to say "it was all consensual" and "I enjoyed it" in one of the videos.
• The Crown presented over 100 exhibits, including text messages and emails exchanged between the accused and E.M.

Sources:

• Globe and Mail - article cited for the trial information