Warning: coverage of the Hockey Canada trial includes graphic details of alleged sexual assault that may be disturbing to readers.

Defense lawyers for two of five accused players in the Hockey Canada sexual assault trial began the closing arguments on Monday. A key part of their argument was calling the complainant’s story and credibility into question.

The defense counsel for Michael McLeod and Carter Hart started the submissions process in a London, Ont., courtroom. McLeod, Hart, Alex Formenton, Dillon Dube and Cal Foote are the five former members of Canada’s 2018 world junior team facing charges of sexual assault. These charges are in relation to a June 2018 incident in which a woman, referred to in court documents as E.M., alleges that she was sexually assaulted in a London hotel room.

All five men have pleaded not guilty to their charges, with McLeod pleading not guilty to an additional charge as party to the offense.

The defense teams each get a chance to provide closing submissions, telling the presiding judge, Justice Maria Carroccia, why they believe their client should be found not guilty by applying the law to the evidence in the trial. The Crown will then have an opportunity to try to convince the judge that the accused men should be found guilty by providing counter-arguments to the defense’s submissions and also relating the evidence to the law.

McLeod’s lawyer, David Humphrey, discussed E.M.’s retelling of the events from the early morning of June 19, 2018, suggesting the complainant never really wanted to have the incident reported to police and that her “white lie” got out of control.

“But what started as an understandable white lie shared in private with her mother snowballed beyond her control into a criminal investigation,” Humphrey said. “Over the following weeks and months, the woman felt so much pressure that she changed her mind about pursuing charges five times.”

Earlier in the trial, Hart's defense lawyer suggested to E.M. during her cross-examination that she had fabricated the sexual assault aspect of the story so that her relationship with her boyfriend wouldn’t end. The complainant said she felt out of her body and did not believe to be an active participant in the alleged acts.

Humphrey also said on Monday that the complainant’s story had changed significantly between her initial report in 2018 to a former London Police detective and Crown witness in the trial, Steve Newton, and when she secured a settlement with Hockey Canada in 2022. Humphrey said that in 2018, E.M. attributed her sexual behavior to intoxication, but in 2022, she said it was done out of “fear.”

Humphrey referenced the two “consent” videos from the morning of June 19, 2018, which were played multiple times during the trial. He said that E.M. said she was unaware the first video was being taken, yet she is “seen smiling” in the video. Humphrey said E.M. seemed “happy” and that she was “fine with what was happening.” He also said McLeod’s filming of these two videos was completely reasonable, as young people making sexual decisions while under the influence and then later having moments of realization or regret is not something out of the ordinary.

Going along with his client’s intentions back in 2018, Humphrey touched on the text messages that McLeod had sent to the team’s group chat, asking if anyone was interested in a “3 way.” Humphrey suggested that his client did not anticipate the number of men that would eventually come to his room, especially given that Hart was the only one who responded to the invitation. 

“What (McLeod) was really doing was only inviting a limited number of people to come to his room,” Humphrey said. “He was as surprised as she was by the number of people who showed up.”

Humphrey also said some of the men had only come to the room because they heard there was food there, including witnesses Brett Howden and Tyler Steenbergen.

Humphrey said the defense has “​​an embarrassment of riches” regarding “credibility and reliability concerns in E.M.’s testimony.” And he expressed what he felt were inconsistencies in her narrative throughout his time before the judge. 

“She's created a false narrative, essentially in which she has no responsibility for her sexual actions,” Humphrey said.

What To Expect As The Hockey Canada Sexual Assault Trial Moves To Closing Submissions The Hockey Canada sexual assault trial enters a new stage on Monday.

Once Humphrey wrapped up, Hart’s lawyer, Megan Savard, took the podium to focus on her client’s role in the events from June 2018, specifically how he should be ruled as innocent. Savard said Hart had done nothing wrong and went into detail about his actions in McLeod’s hotel room from June 2018.

“(E.M.) on (Hart's) account, was lying on the floor, masturbating,” Savard said. “She appeared sexually aroused, she was making noises to that effect, and then while she was masturbating, she said, ‘Can somebody come f--- me?’ Guys look at each other, they can't believe their eyes, no one immediately takes her up on it either because of nerves or because they had girlfriends, but Mr. Hart, who was single and the closest one to her (physically) at the time, and frankly excited and up for a sexual experience including one that involved his teammates, decided to, as he put it, ‘take her up on her offer.’ ”

Savard continued to defend Hart’s retelling of the events from June 2018 but eventually expressed to Carroccia that she would need additional time to review the complainant’s testimony before continuing her submissions.

The trial is expected to resume on Tuesday, when Savard will continue her closing arguments.