LONDON, Ontario – The sexual assault trial involving five former members of the 2018 Canadian World Junior hockey team has taken another unexpected turn.After a series of unusual incidents and juror complaints,the jury was discharged on Friday,and the trial will now proceed with justice Maria Carroccia as the sole arbiter.

Michael McLeod,Carter Hart,Alex Formenton,Dillon Dubé,and Cal Foote face charges of sexual assault stemming from an alleged incident in June 2018. A 20-year-old woman alleges she was sexually assaulted over several hours by the players in a London, Ontario, hotel room following a Hockey Canada gala celebrating their championship victory.

Juror Complaints Lead to Dismissal

The most recent jury dismissal occurred after a juror sent a note to justice Carroccia alleging inappropriate behavior by defense lawyers Daniel Brown and Hilary Dudding,who represent Alex Formenton. The note stated:

Multiple jury members feel we are being judged and made fun of by lawyers (Daniel) Brown and Hilary Dudding. Every day when we enter the courtroom they observe us, whisper to each other and turn to each other and laugh as if they are discussing our appearance. This is unprofessional and unacceptable.

Brown denied the allegations, suggesting there had been an unfortunate misinterpretation by a juror.In an emailed statement, he wrote:

No defense counsel would risk alienating a juror, and nothing could be further from the truth in this instance. While it is true that co-counsel will speak with one another from time to time during a trial, this is commonplace. The very idea of counsel making light of a juror is illogical and runs directly counter to our purpose and function.

Defense teams for all five accused agreed that the jury could no longer remain impartial. Brown argued that the allegations would have a chilling effect on the defense, impacting his ability to make submissions or even look at the jurors, thereby impeding his depiction of his client.

Crown attorney Meaghan Cunningham proposed an inquiry into the juror complaint, but Justice Carroccia declined, citing concerns about the accused receiving a fair trial. She stated:

In this situation I am confronted with jurors who have expressed negative feelings about counsel for Mr. Formenton. More importantly, the perception of at least some of the jurors … is that counsel are being unprofessional towards the jury.

She added, My concern is that there is a possibility that several members of the jury harbor negative feelings about the counsel that could possibly impact upon their ability to fairly decide this case.

Earlier Mistrial Declared

the jurors were not informed that weeks earlier, a mistrial had been declared just three days after the initial jury was empaneled due to an allegation of juror interference. On April 23, Justice Carroccia advised the court that a juror reported an interaction with Dudding at a local dining market during the lunch break.

Brown described the interaction as an accidental and innocuous acknowledgment of awkwardness. However, the juror stated that Dudding spoke to her in line and commented on the a lot of head nodding that morning during the Crown’s opening statement.

Another juror corroborated the account, reporting the alleged incident to a court Services Officer. Defense attorneys argued that the interaction could taint the jurors, leading to the mistrial declaration on April 25, and a new jury was empaneled the same day.

Protests and Intimidation

Throughout the trial, protesters have gathered on the courthouse steps, holding signs with messages such as I Believe You E.M. and We believe Survivors. They chanted at the accused and their counsel upon arrival each morning.

Defense attorneys complained that the protesters were intimidating the players.David Humphrey, attorney for McLeod, addressed the issue, stating:

Free speech is a wonderful thing. It’s an effective form of advocacy. But of course our concern is they’re all advocating for results adverse to the defendants before you. And they’re very forcefully and loudly advocating for a result. and jurors are essentially forced to walk that same gauntlet and be exposed to that same forceful advocacy.

Justice Carroccia arranged for the jury to enter the courthouse through a private entrance and warned that any protesters interfering with jurors could be arrested. Despite this, the protests persisted outside the public entrance.

Savard noted that the protests always ended the moment the last accused player entered the courthouse,stating,I think it’s very vital that that be said,as that is what this is about. It’s name calling, bullying, attacking. The minute the last accused person enters the building then they disperse. So I just want to identify the targeted nature of it.

Reprimands and Disruptions

The proceedings have seen multiple attendees reprimanded for their conduct. Christopher Fowler, a frequent attendee, was briefly arrested for allegedly violating a court order after concerns arose that he was recording proceedings with his Ray-Ban Meta glasses, which have video recording capabilities.

Fowler, who identifies as the co-founder and director of False Allegations Canada, was later allowed back into court under the condition that he not record with his glasses.

On another occasion, a man accosted a reporter, blaming them for the proceedings and shouting, this is all your fault! You ruined these boys’ lives! The man was initially asked to leave the courthouse but returned multiple times, eventually being banned from the premises.

On May 5, a man attempted to reach E.M., who was testifying remotely, but was intercepted by police. The following day, Justice Carroccia warned approved observers of the trial that their authorizations could be revoked after learning that a lawyer observing the trial remotely had discussed the case on a radio station and mentioned E.M.’s location.

Justice Carroccia expressed her frustration,stating,We are trying to conduct a trial. Why people feel the need to insert themselves into our trial, I do not know. Humphrey responded, It wouldn’t be a day without a speed bump. To which Carroccia replied, Exactly. It’s always something.