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

The first Crown witness was called to testify after the Crown's opening statement in the Hockey Canada sexual assault trial.

On Monday, the Crown called London Police Service detective Tiffany Waque to provide testimony in the trial of former Hockey Canada world junior players Michael McLeod, Alex Formenton, Dillon Dube, Carter Hart and Cal Foote.

The five former NHL players face charges connected to a June 2018 incident, in which a woman – whose identity is protected under a publication ban but is identified in court documents as E.M. – alleges she was sexually assaulted in a London, Ont. hotel room following a Hockey Canada gala. The players were each charged with one count of sexual assault, while McLeod faces a second charge of being party to the offense. Each player pleaded not guilty to the charges last Tuesday.

On Monday, Crown attorney Heather Donkers showed security camera footage to the jury from within Jack’s Bar in London, where McLeod initially met E.M., before she and McLeod left the bar and went back to a hotel.

According to the video evidence, E.M. and a friend entered Jack’s Bar around 11:00 p.m. About an hour-and-a-half later, multiple people arrived, which Waque identified as “members of the world junior championship team.” 

From there, the court was shown various security videos from inside the bar itself, showing E.M. using the ATM and ordering drinks at one of the multiple bars within Jack’s Bar. Another video showed a group of men walking up to one of the bars.

When asked why the video was included in the testimony, Waque replied, “It’s showing the group of players going up to the bar. They appear to be ordering something.”

'You Are The Judges Of The Facts'

Listening to this testimony was the jurors that were selected on Friday by the presiding judge, Justice Maria Carroccia.

The jury that will oversee the scheduled eight-week trial is a 14-person group made up of five men and nine women, plus another man and woman as alternates.

On Monday, Justice Carroccia emphasized the importance of the jury in this trial. 

“You are the judges of the facts and you will return the verdict at the end of this trial,” Carroccia said. “Your interpretation of the evidence, not mine, not counsel’s, will determine the outcome of this case.”

Justice Carroccia further emphasized the jury’s important role while also providing instructions on when it is time for them to render a verdict in the trial. 

“After counsel have completed their submissions to you, I will instruct you on the applicable law in this case and show you how to apply it to the evidence and the facts as you find them,” Carroccia explained. “Then and only then will you be asked to retire to consider your verdict.”

'This Is A Case About Consent'

Following Justice Carroccia’s address to the jury, Donkers provided the Crown’s opening statement. Donkers emphazised the strong role that the topic of consent will play in this case. 

“This is a case about consent,” Donkers said. “And equally as important, this is a case about what is not consent.”

Donkers outlined some of the alleged events that occurred on the night of June 18, 2018, and the following morning, which are expected to be brought up in testimonies during the trial.

Donkers said E.M. interacted with McLeod and other members of the 2018 world junior team at Jack's bar in London following a gala celebrating Canada's gold medal winners in IIHF events in 2017-18. E.M. and McLeod left the bar together and went to his hotel room at the London Delta Armouries to engage in consensual actvities.

“This first act of sexual intercourse is not the subject of this trial,” Donkers said. “Soon after that sexual act ended, the atmosphere in the room changed. (E.M.) will testify that she observed Mr. McLeod on his phone and believed he was messaging people, but she did not know who or what he was messaging. 

“You will see copies of those text messages, which include messages Mr. McLeod sent to his teammates in a group chat asking, ‘who wants to be in a 3 way quick. 209- mikey.’ You will also hear that Mr. McLeod went into the hallway and invited people into his room, where (E.M.) still lay, naked, under the covers of the bed.”

Donkers said the jury will hear that sexual acts took place involving E.M. and the men in the room. The five men accused in the case allegedly had sexual contact with E.M. without her voluntary agreement to the acts that took place.

“Specifically, that without obtaining her consent, Michael McLeod, Carter Hart, and Dillon Dube obtained oral sex from (E.M.),” Donkers said. “That without her consent, Dillon Dube slapped (E.M.) on her naked buttocks while she was engaged in a sexual act with someone else,” Donkers explained. “That without her consent, Alexander Formenton had vaginal sex with (E.M.) in the bathroom. And that without her consent, Callan Foote did the splits over (E.M.’s) face while she lay on the ground, grazing his genitals over her face.”

Donkers told the jury the Crown anticipates the complainant will not say she said “no” to “the specific sexual acts that constitute a sexual assault,” or that she was physically resisting at those times.

“But we anticipate you will hear E.M. testify that when she was in this hotel room, at age 20, intoxicated, and a group of large men that she did not know were speaking to each other as if she were not there, and then they started telling her to do certain things, she did not feel that she had a choice in the matter.”

The Crown also anticipates the jury will hear from E.M. and others that the defendants took no steps to ensure there was affirmative consent.

Donkers also said there were videos taken of E.M., in which she made broad statements, such as, “It was all consensual.” Donkers told the jury that when they view the videos, “pay close attention not only to what was said in these videos, but also what was not said.”

“As Her Honour indicated, what I have told you is not evidence,” Donkers said. “It is simply a roadmap to help you understand what you expect to hear. Evidence comes from the witnesses.”

The court session adjourned early for the day on Monday, so those in attendance could have ample time to participate in the Canadian federal election. 

Detective Waque’s witness testimony will continue when court resumes on Tuesday, with more videos from within and outside of Jack’s Bar likely to be shown.