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

A mistrial was declared on Day 4 of the Hockey Canada sexual assault trial.

The presiding judge, Justice Maria Carroccia, thanked the 14 jurors in Ontario Superior Court for their attention to this case and said they are free to go Friday morning. 

The mistrial means the current jury, composed of 11 women and three men, will be dissolved, and a new jury will be selected. 

This new jury – which is expected to be selected Friday – will take part in the trial of former Hockey Canada world junior players Michael McLeod, Alex Formenton, Dillon Dube, Carter Hart and Cal Foote. They face one charge each of sexual assault, and McLeod faces an additional charge as a party to the offense.

A publication ban prevents the media from reporting on the reasoning behind the mistrial ruling and anything that was not discussed in the courtroom with the jurors present. A mistrial means the trial is terminated before a verdict is reached, and trial proceedings are declared void. It can be declared when the presiding judge believes there is a reasonable doubt that either side will not have a fair trial if the current trial continues.

On Wednesday afternoon, Carroccia told jurors that something had happened over the lunch hour that she needed to think about and discuss with the lawyers.

Once the new jurors are selected, the trial can reset, with the Crown giving its opening statement again to the new jury.

Crown attorney Heather Donkers delivered the Crown’s opening statement to the former jury on Wednesday, outlining the Crown’s main arguments and discussing some of the evidence and event summaries expected to come up during the trial. The five former NHL players face allegations and charges connected to a June 2018 incident, in which a woman, identified in court documents as E.M., alleges she was sexually assaulted in a London hotel room following a Hockey Canada gala. The woman’s identity is protected by a publication ban.

“Specifically, that without obtaining her consent, Michael Mcleod, Carter Hart, and Dillon Dube obtained oral sex from (E.M.) That without her consent, Dillon Dube slapped (E.M.) on her naked buttocks while she was engaged in a sexual act with someone else,” said Donkers, describing some of the allegations. “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.”

Crown Says Hockey Canada Sexual Assault Trial Is 'A Case About Consent' And 'What Is Not Consent' Warning: coverage of the Hockey Canada trial includes details of alleged sexual assault.

Along with the evidence and event retellings, witness testimonies will play a key role in the trial. The Crown’s first witness, London Police detective Tiffany Waque, took the stand briefly on Wednesday, discussing her connection to the case, as well as providing details on the layout of Jack’s Bar in London – the bar where McLeod initially met E.M. on the night of June 18, 2018.

A list of other potential witnesses was presented on Tuesday, which included multiple NHL players currently in the Stanley Cup playoffs. They include the Ottawa Senators’ Drake Batherson, Washington Capitals’ Taylor Raddysh, St. Louis Blues’ Robert Thomas, Dallas Stars’ Sam Steel, Vegas Golden Knights’ Brett Howden and Colorado Avalanche’s Cale Makar.