Severe challenge exposed in getting a conviction in 2018 World Junior investigation

After the press conference by the London Police Service and the first court appearance pertaining to the investigation around the 2018 World Junior alleged sexual assault have occurred, everyone is wondering what comes next for the five players charged and the alleged victim. Carter Hart, Michael McLeod, Dillon Dube, Cal Foote and Alex Formenton have each been charged with one count of sexual assault, with McLeod also facing an additional charge. Their lawyers have denied any wrongdoing on behalf of their clients and said they will plead not guilty.

When Paul D. Grant of Sportsnet spoke with legal experts and lawyers, he found out that there is a severe challenge ahead in getting a conviction in this investigation. Here is what the experts say on a possible conviction for players involved in the alleged incident:

“Time is a common thread throughout this incident. According to court documents, the alleged incident occurred in June 2018. The matter was investigated by London police shortly thereafter but was concluded, without charges, in February 2019. After news came to light in the aftermath the settlement by Hockey Canada with the victim in April 2022, an internal review was conducted by London police, after which the investigation was re-opened by then-Police Chief Steve Williams in July 2022. That investigation concluded with charges being laid in the last week of January 2024. A trial, given the multitude of motions and Ontario’s overbooked court system, might not start until 2026. Under more typical circumstances, it’s difficult to get a conviction in sexual assault cases but the fact the trial could potentially begin eight years after the first investigation could be the most severe challenge in getting a conviction. Given that inebriation was a factor at the time of the alleged incident, adding years to memory recall at the time by the time there is a trial will further exacerbate that challenge.”

In Monday’s press conference, Police Chief Thai Truong said London police conducted a comprehensive review of their original case from 2018 in 2022 and discovered new evidence that paved the way for police to reopen the case and subsequently lay sexual assault charges.

Hockey Canada has stated that the organization has cooperated fully with London Police throughout the investigation and is committed to continuing to support the legal process. Back in 2022, Rick Westhead of TSN reported that Hockey Canada had – without consulting any players involved in the alleged incident – quietly settled a $3.55-million lawsuit brought by E.M. against Hockey Canada, the Canadian Hockey League, and eight unnamed players in connection to the alleged attack.

With a trial only set to take place in 2026 as stated below, there might not be any real conclusion to this, including a conviction.

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