Five Canada World Junior Hockey Team, including a former Philadelphia Flyer Acquitted of Sexual Assault – What is the burden of proof under Canadian Law

A Canadian Court has found five members of the Canada World Junior Hockey Team not guilty.  Superior Court Justice Maria Carroccia ruled that prosecutors failed to meet the burden of proof against Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote.

While this criminal prosecution did not occur in the United States, the case made headlines here.  One of the players charged is Philadelphia Flyer’s Goalie, Carter Hart. Hart along with three other NHL players were charged with an alleged sexual assault which occurred in 2018, when they were a part of Team Canada in the World Junior Championship. The team went on to win the championship.

Civil vs. Criminal Liability – Sexual Assault

The alleged victim in the case did pursue the action civilly and Hockey Canada, the organization, responsible for the team settled a lawsuit with the alleged victim who claimed that she was sexually assaulted by eight (8) members of the team after a party celebrating their Gold Medal win at the 2018 World Championship. 

Despite the civil settlement, authorities within Canada continued to look into the allegations and launched an investigation in 2022, which culminated in the criminal charges against these professional hockey players.

How is Sexual Assault Defined in Canada? 

While all players, through their retained criminal defense lawyers, maintained their innocence. The matter will not move forward with prosecution.

All these players were charged with what is known as indictable offenses under Canadian Law. Indictable offenses or crimes are similar to felony offenses in crimes in the United States. Examples of indictable crimes in Canada include theft over $5,000.00, breaking and entering, aggravated sexual assault, and murder.

Under Canadian law sexual assault occurs of a person is touched in any way that interferes with their sexual integrity. This includes kissing, touching, intercourse, and any other sexual activity without his or her consent.

How Serious is Sexual Assault in Canada? 

Under Canadian law sexual assault is what is known as a hybrid offense which allows the Court to proceed with the charge as an indictable offense or by summary conviction. A conviction for an indictable offense or crime is much more serious than a summary conviction.

Under Canadian law if a person is guilty of sexual assault and the prosecution (the Crown) proceeds with the prosecution the person faces a maximum of ten (10) years of prison. Under a summary conviction the accused faces up to eighteen (18) months in jail. If the victim is under the age of sixteen (16).

What was the burden of proof in this case? 

In Canada, the Crown Prosecutor is the equivalent of an Assistant District Attorney or Prosecutor in States like Pennsylvania and New Jersey. The burden of proof in a Canadian Court is similar to the United States and in the Canadian system which is beyond a reasonable doubt. It is something where less than absolute certainty is required but more than probability of guilt is necessary.

In this case, the judge explained her decision and found that the female complainant’s “tendency to blame others” for inconsistencies in her allegations” led to this decision in addition her testimony was not supported by surveillance video from a bar and hotel that night and the testimony of others.

What about their professional hockey careers in the NHL

All of these players can obviously pursue their careers but the NHL can still take action against them as the league isn’t bound by a Court’s decision as it is separate entity.  While they could face a suspension, they may not face any discipline if the NHL investigation comes to a similar conclusion about this incident