The Complexities of Consent: A Hockey Canada Case Exposes the Ongoing War Over Masculinity

Strategic Insights -

As the world juniors trial in London, Ont., continues to unfold, the complexities of consent and the war over masculinity come to the forefront. The case involves a woman known as E.M., who met hockey player Mike McLeod at a bar and went back to his hotel room, where she engaged in sexual activity with more than one person. The question now is whether E.M. clearly agreed to have sex with anyone other than McLeod, and whether any lack of consent was conveyed in a way the men should have understood.

Key Takeaways:

  • The trial is an unusual case because many core facts are undisputed, including the fact that E.M. met McLeod at a bar, went back to his hotel room, and engaged in sexual activity with more than one person.
  • E.M. testified that she was intimidated and instinctively did what she thought the men wanted, which may be considered a "fawn" or "tend and befriend" response, a concept described in psychological studies focused on stress responses in women.
  • The defence hopes to introduce reasonable doubt by arguing that E.M.'s acquiescence was not a clear indication of lack of interest or consent.
  • The Crown will likely bring in an expert witness to attest to the concept of "freeze" as a valid reaction to trauma, which may be relevant to E.M.'s experience.
  • The case is part of a larger issue of gender-based violence in hockey, with multiple cases of alleged group sexual assault involving junior players in different parts of Canada.
  • The war over masculinity is a cultural issue, with years of destruction in its wake, and it's not just a case of a few bad apples, but a systemic problem.

Statistics:

  • 4,600 per cent spike in online usage of the phrase "Your body, my choice" in the 24 hours after the U.S. presidential election, according to a study cited by The New Yorker.
  • 2003: Halifax police investigating an alleged Team Canada assault involving a half-dozen men, an unresponsive woman, and a recording that invited viewers to a "f-ing lamb roast."
  • 2014: Peel police investigating a case allegedly involving eight Ontario Hockey League players and one woman, whose first attempts at reporting were met with police disinterest.
  • 2018: Multiple cases of alleged group sexual assault involving junior players in Quebec, including a case involving Massimo Siciliano and Nicolas Daigle, who were sentenced to about two-and-a-half years for assaulting a minor.

Sources:

  • The Canadian Press
  • The Star
  • The Narwhal
  • The New Yorker
  • TSN investigative reporter Rick Westhead's coverage of the case
  • The 2024 Michener Award-winning investigation by The Narwhal and the Star on the Doug Ford government's handling of the Greenbelt.