OverDrive - Westhead on the Hockey Canada sex assault case, players found not guilty and the credibility of the complainant

Episode Date: July 24, 2025

TSN Senior Correspondent Rick Westhead joined OverDrive to discuss the players in the Hockey Canada sex assault case found not guilty, the judge finding the complainant credible and reliable, the point-of-view of the players, the ripple effects in the career and more.

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PureFiber Internet, they wondered why they didn't sooner. Switch to the most reliable internet technology with Bell PureFiber with plans starting at $60 a month with a two-year term. Visit bell.ca for more details and to check availability. Bell. Internet just got better. Rick Westhead has obviously been down there in London for weeks and months and following this case closely and I believe he was in the courtroom today and he joins us now. Rick, were you in fact in the courtroom today? Yeah, I was sitting there.

You mentioned that it was a five-hour hearing, very lengthy, and that there was, the judge gave a bit of a spoiler by saying right off the bat that she thought that this was a case where there was consent and she didn't find E.M. the complainant's testimony to be credible or reliable. And as soon as she said that, you could hear audible gasps from the section of the public gallery where the players' families were. Michael McCloud's parents sitting next to each other, they'd been at this trial all the way through. They embraced and Carter Hart's mother got teary-eyed and kind of bent over, put her face in her hands.

And several of the players who were sitting much closer to the judge with their legal teams turned around and looked back at their families as well. At one point I heard one of the, I don't know who it was, but one of the parents just say yes. And so the drama was kind of out of the way right off the top and we just had to get through listening to the judge recap the crown's position and the defense and then explain her legal analysis and then finally a couple hours ago say that the players were all not guilty. So would you describe the reaction from the five men, the five players, their families as

relief or vindication? Like how would you describe you know what what you witnessed then today? Well it looked like relief to me. Several of the lawyers after came out and gave statements and, you know, Daniel Brown, a Toronto criminal lawyer, talked about he represents Alex Formonton and just talked about how crushing this has been for Formonton over the last seven years. Of course, the public's only known about this case for the last three years but you know it's been kind of going through the criminal and the hockey Canada investigative process almost days after this incident back in June 2018. So I think if you had to pick one word to sum up how these guys are feeling it's absolute relief. Yeah that makes a lot of sense Rick. I So it's early to make sense of what this has all meant.

This has been a long and drawn out proceeding, as you point out, and seven years plus from the date of the incidents, here we are. But if you can sort of start putting the pieces together, what in your mind does this mean for Hockey Canada? Good question. I mean, think about all the things that have happened since the public learned about all of this in May 2022. You know, hockey Canada was on life support for a period of time.

All of its corporate sponsors, you know, put those relationships on hold. We found out that hockey Canada had maintained this secret slush fund that was used to pay off legal claims including sexual assault allegations using money from minor hockey registrations and the public were never told about this. I think if there's something that's in the public good that's come out of it, it's the fact that Hockey Canada now has a new independent third party process and it may not be perfect

But at least there's a way now for you know people kind of across the country if they have complaints about abuse and maltreatment To know where to turn to to make those complaints so that they're received and you know If there's credibility behind them that they're investigated properly So, you know there has been something good that's come out of this and it's a better process for looking at these kind of complaints. With Rick Westhead, again earlier today, all five players acquitted of all charges at the London hockey trial, the five former members of Canada's 2018 World Junior Hockey Team. Again, it's very fresh, very raw news, but do you have any idea or any reason to believe what these five players intend on doing with their futures in terms of either trying to

play again? Will they be able to play again? Will they seek any legal retribution? Is that even something that they're capable of doing? Good question. Again, well, I'm not sure because there's a couple different processes here that have that they're capable of doing? Good question again. Well, I'm not sure because there's a couple different processes here that have been playing out, remember, that we have the Hockey Canada adjudication process and these players are

still, I've talked to several of the players' lawyers who've told me that these players are still suspended by Hockey Canada and that they appealed that decision and that an appeal committee by hockey Canada kind of put everything on hold until the criminal process played out. So now I guess it's only a matter of time before the players kind of try to remedy that and you know pursue an appeal with hockey Canada. In terms of what whether they're allowed back into the national hockey league right away I'm not sure they're they're not guilty either our cases are you know in sports not just in hockey where players have not been convicted but still have run afoul of leagues codes of conduct I don't know what the NHL will

do or or kind of what the league's official position is going to be do you envision a scenario where the the crown appeals i believe they have thirty days to do so yeah the the crown actually came out megan cunningham came out and talked about uh... this for only a moment the crown does have thirty days and she said that uh... the crown is going to take that time and and and think about it

my understanding again i've talked with Crown attorneys and defense lawyers who aren't involved with this case about whether that's a no-brainer to appeal or whether you take a pass on it. The challenge is that it's very tough, according to the lawyers that I've talked to, to appeal a judge's decision that's based on questions of reliability and credibility.

That's really tough. And then you have the added challenge. I know this isn't a legal show, but just based on questions of reliability and credibility that's really tough and then you have the added challenge and i know this is an illegal show but just if they if the crown were to appeal and lose that would potentially establish a different law moving forward on allegations that are like this and i think there's some apprehension from the crown about going down that road so we're gonna have to wait to see on that do you have an understanding of if the players have any legal recompense beyond

this rick well uh... will mcdowell is a toronto civil lawyer he represents carter hart and uh... he was in court today uh... i asked him what his what their plan is and he just said they you know they have a lot of contemplating to do now. So I'm not sure where you go on the, if you're the players on the civil side, whether, you know, I'm perhaps the most obvious target. If you're the players might be hockey Canada.

I don't know beyond that, but you know, for sure. As, you know, as Brian pointed out, this is just so raw and so fresh. I don't know where they would go with the civil case, but I'm sure they're going to be talking about that. With Rick Westhead in terms of, you know, pointed out is it just so wrong so fresh i don't know where they would go with the civil case but uh... i'm sure they're gonna be talking about that with request that in terms of you know you being there on the grounds and you know taking part in

in this release you know watching it closely in reporting on a closely being in the courtroom uh... how would you compare that you know that the celebrity of this and how much of a spotlight has been on this because it's hockey canada because it's five players of fame I'm how would you describe your own experience and going through this whole thing well I I think I appreciate asking that I think it's been a real learning opportunity

you know I to to see how the justice system works I'm to I think you know I've heard from a lot of people about the appreciation they have for journalism. One of the cornerstones of our society is an independent media that can report on these stories. And we've done that. We've been in that court every day of the pretrial hearings and the trial itself.

So I've kind of found myself also kind of going back and forth. People ask all the time, well, do you think they're going to be convicted? Do you think they're going to be acquitted? And my opinion on that kind of swung as the case went on because these lawyers are so good. The Crown Attorney in this case is one of the best in the province and the defense teams are best in class at and the defense teams are best in class at what they do as well. David Humphrey representing Michael McLeod and Megan Savard who's been in the news quite a bit lately as well. So it's really just struck me how the

legal process plays out and some of the shortcomings, I think there's going to be calls for you know, some of the shortcomings. I think there's going to be calls for some changes. We saw that in 2016 after Giangameshi was acquitted in effort to try to change the criminal code with regard to how sexual assault complaints are handled. It wouldn't surprise me if we saw something, and I don't know what those calls for change might be, but it wouldn't surprise me if we saw something like that down the road here. All right, Rick, we'll leave it there. Thank you for this. Thank you guys. Rick Westhead from London. Beyond, the hottest gaming news, insight and industry leaders, and more. Weekly. Join me, Naomi Kyle, and stay ahead of the game with all the latest updates. Even if you're a total newbie.

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