WARNING: This article contains graphic content and may affect those who have experienced sexual violence or know someone affected by it.
A brief hearing for five former players on Canada’s 2018 world junior hockey team was held Monday morning in London, Ont., via video link, with their lawyers appearing on their behalf and April 30 set as their next court appearance in the sexual assault case.
None of the five players — Michael McLeod and Cal Foote of the New Jersey Devils, Dillon Dubé of the Calgary Flames, Carter Hart of the Philadelphia Flyers and former NHLer Alex Formenton — appeared on the video link in the procedural hearing.
But lawyers for all five were told to expect “substantial” disclosure of case information, including audio and video evidence, to be delivered to them on a hard drive by courier sometime Monday or Tuesday.
The lawyers were also informed of a publication ban, requested by Crown attorney Heather Donkers, on any information that could identify a woman who is a complainant in the case, as well as two witnesses.
All five players are charged with one count each of sexual assault, while McLeod is also charged with one count of being party to the offence. Their lawyers have said they plan to plead not guilty.
It is alleged the incident occurred following a Hockey Canada gala in London in June 2018, when the players were honoured for their victory at the world junior hockey championship.
The court hearing was held as London police prepare to hold a previously announced news conference later in the day, starting at 2 p.m. ET.
Here are some key legal questions raised by two lawyers not involved in the trial who spoke to CBC News about how the case might unfold.
Will the 5 defendants be tried together?
Andrew Furgiuele, a Toronto-based defence lawyer who represented a junior hockey player in a separate sexual assault case, said he expects the five players will be tried together as part of a single court proceeding.
While it’s possible one of the defendants could apply to have their case “severed” from the others, Furgiuele said such a move is becoming “increasingly rare” to avoid multiple trials.
What about the extra charge for McLeod?
While all five players are charged with sexual assault, only McLeod faces an additional charge — being party to an offence.
Furgiuele said “being party to” simply means aiding or encouraging a principal offence. It essentially leaves the Crown two routes to conviction for McLeod.
How long could a trial take?
Carolyn Conron, a criminal lawyer based in London, said that based on Supreme Court decisions, criminal trials should happen within 30 months, minus any delays caused by the defence. If they go longer, the players’ legal teams could file requests for stays, arguing their clients didn’t get a trial in a timely manner.
Judge alone, or judge and jury?
Furgiuele said whether or not the players will be tried by a judge alone or by a judge and jury is one of the most difficult strategy decisions for defence lawyers in cases like this. If one of the defendants requests a jury, that’s how the case is tried.
“Judge and jury trials are the default for indictable offences,” said Furgiuele. “But if one of [the players] wants a jury, all of them are going to get a jury.”
He said there are pros and cons to each option. Judge-alone trials can be quicker, while juries can be unpredictable.
Will the players be released from NHL contracts?
Focus is to ‘get this right’ and not on players’ pay, NHL commissioner says
Responding to a question about whether the NHL could suspend and withhold pay to four players recently charged with sexual assault, league commissioner Gary Bettman said he was already ‘comfortable’ with the fact they were away from their teams and not currently playing.
Four of the players, excluding Formenton, are under contract with NHL teams until the end of this season. They are technically on paid leave from their teams.
Now that they face charges, does this mean the NHL will move to drop them from their contracts?
Eric Macramalla, an Ottawa-based lawyer and legal analyst who specializes in the sports industry, believes the NHL will just wait because the contracts will expire long before the trial starts. This avoids any challenge from the players’ union.
“The last thing you want to do if you’re a team is terminate or fire a player,” said Macramalla.
That echoes what NHL commissioner Gary Bettman said Friday: That the league doesn’t need to suspend the players because they’ll soon no longer be members of their teams.
What about sentencing?
Under the Criminal Code, sexual assault carries a maximum 10-year jail sentence. However, Furgiuele said, in cases involving first-time offenders, something in the neighbourhood of a two-year sentence is much more likely if there’s a conviction. He added that the sentence ultimately depends on the evidence presented at trial.
What about the police news conference?
London police haven’t spoken publicly about the charges, but they’ll be speaking at the news conference at RBC Place, the city’s downtown convention centre.
Conron said she’ll pay close attention to whether or not police reveal any new evidence. Police closed the case in 2018, then reopened it in 2022 in response to public outrage following a lawsuit.
“One of the questions I would have is: What has changed?” said Conron. “Experienced officers have already looked into the allegations, interviewed witnesses and determined there was no reasonable grounds to lay a change. What’s changed between then and now? I’d be very curious to investigate that.”
EDMONTON – Ontario country artist Jade Eagleson has won album of the year at the 2024 Canadian Country Music Association Awards in Edmonton.
The singer from Bailieboro, Ont., was up for six awards alongside Alberta’s MacKenzie Porter.
Eagleson took home album of the year for “Do It Anyway” and says he’s thankful to his wife and management team for helping him reach the level he’s at.
The James Barker Band from Woodville, Ont., also won fans’ choice and group of the year at the award show, held in Edmonton.
During their acceptance speech, frontman Barker hinted at new music and a possible tour in 2025.
Another Ontario crooner, Josh Ross, has taken home a trio of awards, receiving entertainer of the year, male artist of the year and single of the year.
He says he and his band play roughly 150 shows every year and are never home, but says taking home entertainer of the year makes the hard work worth it.
Porter took home female artist of the year, ending the five-year streak of Tenille Townes being awarded the coveted hardware.
Porter had been nominated seven times previously for the award in the past decade but hadn’t won until tonight.
The artist from Medicine Hat, Alta., says it takes a lot of hard work and hustle to succeed as a female in the country music industry and gave a shout out to her fellow singers and her newborn daughter.
Joining the two artists in the winners’ circle was Ontario singer-songwriter Owen Riegling, who won for breakthrough artist of the year.
The show began with American artist and co-host Thomas Rhett being dubbed an honorary Canadian by Edmonton Oilers players Corey Perry and Leon Draisaitl.
Rhett donned an Oilers jersey that was gifted to him by the pair.
The return of k.d. lang and the Reclines was expected to be a highlight of the show.
The appearance will mark the first time the Alberta songstress has teamed up with the band in 35 years and is tied to lang’s induction into the Canadian Country Music Hall of Fame.
The awards show is back in Alberta’s capital for the first time since 2014. It was held in Hamilton last year and in Calgary in 2022.
This report by The Canadian Press was first published Sept. 14, 2024.
VANDERHOOF, B.C. – British Columbia Conservatives are promising changes they say will bring more stability to the province’s struggling forest industry.
Leader John Rustad announced his plan for the sector a week before the official launch of the provincial election campaign, saying a Conservative government would do away with stumpage fees paid when timber is harvested and instead put a tax on the final products that are produced.
Rustad said Saturday that under a provincial Conservative government, a small fee may be charged upfront, but the bulk would come at the end of the process, depending on what type of product is created.
He also promised to review how wildfires are managed, as well as streamline the permit process and review what he calls the province’s “uncompetitive cost structure.”
“British Columbia is by far the highest cost producers of any jurisdiction in North America. We need to be able to drive down those costs, so that our forest sector can actually be able to do the reinvestment, to be able to create the jobs and make sure that they’re still there to be able to support our communities,” he said.
The governing New Democrats meanwhile, say eliminating stumpage fees would inflame the softwood lumber dispute with the United States and hurt forestry workers.
In a statement issued by the NDP, Andrew Mercier, the party’s candidate in Langley-Willowbrook, said Rustad failed to support the industry when he was in government under the former BC Liberals.
“Not only will Rustad’s old thinking and recycled ideas fail to deliver, his proposal to eliminate stumpage would inflame the softwood lumber dispute — punishing forestry workers and communities,” Mercier said, accusing Rustad of ignoring the complexity of the challenges facing the industry.
The softwood lumber dispute between the U.S. and Canada stretches back decades. In August, the U.S. Department of Commerce nearly doubled duties on softwood lumber.
International Trade Minister Mary Ng has said Canada has taken steps to launch two legal challenges under the Canada-United States-Mexico Agreement.
Rustad said a provincial Conservative government would push hard to get a deal with the United States over the ongoing dispute “whether it’s with the rest of Canada or by itself.”
He said his party’s proposed changes are in the name of bringing “stability” and “hope” to the industry that has seen multiple closures of mills in rural communities over the last several years.
Most recently, Canfor Corp. decided to shutter two northern British Columbia sawmills earlier this month, leaving hundreds of workers unemployed by the end of the year.
According to the United Steelworkers union, Canfor has closed 10 mills in the province since November 2011, including nine in northern B.C.
Jeff Bromley, chair of the United Steelworkers wood council, said Saturday the idea of changes in favour of taxing the final product has been floated in the past.
He said the finer details of the Conservative plan will be important, but that the system needs to be improved and “new ideas are certainly something I’d be willing to entertain.”
“Something needs to happen, or the industry is just going to bleed and wither away and be a shadow of its former self,” Bromley said.
“Politics aside, if (Rustad) can come up with a policy that enables my members to work, then I would be supportive of that. But then I’m supportive of any government that would come up with policies and fibre for our mills to run. Period.”
When Canfor announced its latest closures, Forests Minister Bruce Ralston said the sector was a “foundational part” of the province and the current NDP government would work to support both local jobs and wood manufacturing operations.
This report by The Canadian Press was first published Sept. 14, 2024
SANTA CLARA, Calif. (AP) — The San Francisco 49ers placed All-Pro running back Christian McCaffrey on injured reserve because of his lingering calf and Achilles tendon injuries.
The move made Saturday means McCaffrey will miss at least four more games after already sitting out the season opener. He is eligible to return for a Thursday night game in Seattle on Oct. 10.
McCaffrey got hurt early in training camp and missed four weeks of practice before returning to the field on a limited basis last week. He was a late scratch for the opener on Monday night against the Jets and now is sidelined again after experiencing pain following practice on Thursday.
McCaffrey led the NFL last season with 2,023 yards from scrimmage and was tied for the league lead with 21 touchdowns, winning AP Offensive Player of the Year.
The Niners made up for McCaffrey’s absence thanks to a strong performance from backup Jordan Mason, who had 28 carries for 147 yards and a touchdown in San Francisco’s 32-19 victory over the New York Jets. Mason is set to start again Sunday at Minnesota.
After missing 23 games because of injuries in his final two full seasons with Carolina, McCaffrey had been healthy the past two seasons.
He missed only one game combined in 2022-23 — a meaningless Week 18 game last season for San Francisco when he had a sore calf. His 798 combined touches from scrimmage in the regular season and playoffs were the third most for any player in a two-year span in the past 10 years.
Now San Francisco will likely rely heavily on Mason, a former undrafted free agent out of Georgia Tech who had 83 carries his first two seasons. He had at least 10 touches just twice before the season opener, when his 28 carries were the most by a 49ers player in a regular-season game since Frank Gore had 31 against Seattle on Oct. 30, 2011.
The Niners also have fourth-round rookie Isaac Guerendo and Patrick Taylor Jr. on the active roster. Guerendo played three offensive snaps with no touches in the opener. Taylor had 65 carries for Green Bay from 2021-23.
San Francisco also elevated safety Tracy Walker III from the practice squad for Sunday’s game against Minnesota.
