Mistrial Declared in Junior Hockey Assault Trial. What Now?

With all the Elbows Up election idiocy you can be forgiven for missing the news this past week that the trial of five former members of the 2018 men’s gold-medal winning Team Canada hockey team was declared a mistrial just a day into the proceedings. The five have all plead not guilty.

On Friday the judge ordered a new jury be empanelled after a half day of evidence in the trial of the players who are accused of sexually assaulting a woman in a hotel room in 2018 in London, Ont. Superior Court Justice Maria Carroccia has not released the reasons she halted the trial. It comes after outrage over a civil settlement between the victim and Hockey Canada in 2020 forced authorities to pursue the criminal charges.

The graphic nature of the evidence so far promises dramatic testimony should the trial go its full length. Thoughts that one of the quintet might accept a plea deal to roll over on his former teammates— a goal of the police and prosecution— have so far been unrealized. It is expected that the victim will testify.

The low-profile start to the trial in the case is a contrast with the front-page treatment it received after excellent reporting from Katie Strang of The Athletic and Rick Westhead of TSN. At the time the charges were announced in 2024, Michael McLeod and Cal Foote were with the New Jersey Devils, Dillon Dubé was with the Calgary Flames and Carter Hart was with the Philadelphia Flyers. Alex Formenton had been signed by the Ottawa Senators but was playing in Switzerland.

The sensation was amplified by the role of Hockey Canada in the civil case, using funds to pay off the victim. Parliamentary hearings and front-page headlines added to the impact.

As we wrote in January of 2024, the hysteria encouraged the usual radicals to denigrate the national sport. “For the same reason that some think guns kill people, the toffs believe that hockey itself causes outbreaks of macho sexual behaviour. These people cheer for Sweden when it plays Canada because… Canadian hockey is just too down-market for them. Sweaty guys. Cold rinks. Meritocracy. Ick!

“We should clarify here that we mean men’s hockey. Womens’ hockey is not included in the loathing. In fact, metrosexuals from PM Justin Trudeau on down worship the wholesome new PWHL. Skippy recently gave a pep talk to the Ottawa players in their dressing room. Surprise. They lost. 

“Players are married to rivals on other teams. Can you get more hip than that?  Women’s hockey is nominally about winning; the real prize is equal pay for work of equal value. And the love of the Trudeau cabinet.

“But men’s hockey, with its crude meritocracy, must be shunned at all costs. Pediatric “experts” blame its emphasis on winning for causing kids to drop out.. So when the sordid tale of a 2018 multiple-sex allegation at a golf tournament arrived it warranted a hearing in the Commons, tut-tutting editorials by the score about the over-sexed nature of teenaged young hockey stars and multiple attempts to convict someone, anyone, for the act.

“That’s why the principals eventually pursued a civil case, where rules of evidence are less stringent. A civil case that Hockey Canada quickly paid off from a suspicious slush fund to end the ordeal for everyone. How’d that work out?

”Feminists and the non-binary set howled about this, but after the storm of outrage the media cycle disappeared from the public view. The 20 or so players on the 2018 Team Canada gold medal winners graduated into the NHL, and the league, which had no power to compel testimony nor a criminal charges to rely on, let them play. 

“But pressure on police over the following months finally forced criminal charges. Butter cloak of secrecy prevailed. This was highly unsatisfactory. Who was under suspicion? Who was innocent? Player agents and lawyers kept their charges from self-incrimination at all costs.

“How will it end? Will there be convictions or will deals be done? In this time where social-media truths are fungible and Woke causes are paramount no one should hazard a guess. But one thing that will get an airing is the charge that hockey created this climate of sexual permissiveness. The sport must be condemned when its participants break the law.

You think that hockey caused this? That it doesn’t happen in the world of millionaire basketball or football or baseball players? Guess again. Cleveland Browns QB DeShaun Watson faced 24 sexual assault accusations. One former NBA player had seven children by six different women. Former MLB pitcher Trevor Bauer faced sexual assault charges from an alleged assault at his home.   

How about the stories of young women who, like the young women pursuing athletes, went backstage at concerts and shows for a rendezvous with a famous rock star like Steven Tyler or Axl Rose and got more than they bargained for. 

Or those who tried to climb the political or corporate ladder by submitting to power figures? Hello, Kamala Harris. This case is about power, stardom, privilege and exploitation. Ugly, yes. Life-wrecking for some. But trying to pigeon-hole hockey as the unique engineer of the tragedy is ignorant and irresponsible. “

Bruce Dowbiggin @dowbboy is the editor of Not The Public Broadcaster  A two-time winner of the Gemini Award as Canada's top television sports broadcaster. His new book Deal With It: The Trades That Stunned The NHL And Changed Hockey is now available on Amazon. Inexact Science: The Six Most Compelling Draft Years In NHL History, his previous book with his son Evan, was voted the seventh-best professional hockey book of all time by bookauthority.org. You can see all his books at brucedowbigginbooks.ca.