Text Message Ruled Inadmissible in Canada World Junior Hockey Team Trial

A critical piece of evidence in the ongoing trial of five former members of Canada's 2018 world junior hockey team has been deemed inadmissible. The text message, sent by former junior player Brett Howden, described one of the accused players hitting the complainant hard on the buttocks. However, Justice Maria Carroccia has concerns about the accuracy of the message, citing potential issues with how the accused players' lawyers will be able to cross-examine Mr. Howden on the text message. The Crown had characterized the text message as "critical corroboration" of the complainant's testimony and "direct evidence" of the offence. The trial continues, with lawyers for each of the accused players having had the opportunity to cross-examine Mr. Howden on his evidence.

Key Takeaways:

• The text message sent by Brett Howden, which described one of the accused players hitting the complainant hard on the buttocks, has been ruled inadmissible due to concerns about its accuracy.
• The Crown had attempted to enter the text message as evidence under the "principled exception" to the hearsay rule for evidence, but Justice Carroccia found that it met the legal test.
• The text message was sent by Mr. Howden to his then-teammate Taylor Raddysh a week after the alleged assault on June 19, 2018.
• Justice Carroccia's decision is a blow to the prosecution's case, as the text message was seen as a key piece of evidence linking the accused players to the alleged assault.
• Brett Howden testified that he believed he was being truthful when he sent the message, but he also said he did not remember sending that specific message.
• The accused players have all pleaded not guilty to the charges, and the trial is ongoing.
• Brett Howden's memory has been an issue throughout his testimony, with him unable to recall several events that he had previously described as happening.

Statistics:

• 5: The number of former members of Canada's 2018 world junior hockey team on trial for sexual assault.
• 1: The number of text messages from Brett Howden that have been ruled inadmissible as evidence.
• 2: The number of times the Crown has attempted to enter the text message as evidence, under the "principled exception" to the hearsay rule for evidence and the "past recollection recorded" application.
• 1: The number of key piece of evidence linking the accused players to the alleged assault that has been deemed inadmissible.

Sources:

• "Crown loses bid to enter crucial text message as evidence in world junior hockey trial" by The Globe and Mail, no date available.
• "World junior hockey trial: Former NHL player Brett Howden testifies" by CBC News, no date available.
• "Canada's world junior hockey team faces sex assault charges" by The Canadian Press, no date available.
• "Hockey Canada's investigation into alleged sex assault at world junior tournament" by Sportsnet, no date available.