The trial of five former Team Canada World Junior hockey players — Cal Foote, Dillon Dubé, Alex Formenton, Carter Hart, and Michael McLeod — has shifted to a judge-alone proceeding following the discharge of the jury by Justice Maria Carroccia. The accused, all of whom have pleaded not guilty, are facing serious allegations involving a 2018 incident.
The proceedings were halted abruptly after a juror submitted a note raising concerns about the conduct of defence lawyers Dan Brown and Hilary Dudding, who represent Formenton. The juror perceived the pair to be laughing and whispering in a manner that felt inappropriate and unprofessional, suggesting it may have been related to the jurors’ appearances. In response, both the Crown and defence agreed to proceed without a jury.
Restrictions that previously prevented reporting on certain aspects of the trial—especially those discussed outside the jury’s presence—have now been lifted. This allows more transparency into developments, including behind-the-scenes events that led to the dismissal of two juries.
Testimony from a former teammate of the accused revealed troubling details about the alleged sexual assault, including the positioning of the complainant, referred to as E.M., during the incident. Defence questioning confirmed inconsistencies around the presence of food in the hotel room where the incident occurred — a detail initially mentioned in earlier testimony.
With the transition to a judge-alone trial now confirmed, the legal process will continue under different scrutiny, but with greater openness to public reporting.
