Hart, McLeod, Dube, Foote, Formenton charged with sexual assault

[Flamesfan05]

I doubt they would charge the pizza guy unless he participated

All these guys committed sexual assaults according to the charged

[GullFoss]

Originally Posted by Flamesfan05

I doubt they would charge the pizza guy unless he participated

All these guys committed sexual assaults according to the charged

They also charged McLeod with a second charge that seems somewhat contradictory to the first.

The other thing that makes sense is that McLeod was potentially the guy that took her back to the hotel, had consensual sex with her and then invited others into the room, thereby facilitating the gang rape.

[blankall]

Originally Posted by Bubba17

It is stated that it is an ADDITIONAL CHARGE. All five players were charged alike for the original SA charge.

Yes. As stated, that's how you have to write up a Section 21 charge. You have to include both section 21 and the actual charge the accused is a party to. So technically, it appears as more charges, but it could be a much lesser charge overall.

[blankall]

Originally Posted by stang

What about if he’s the first guy who originally had consent, then got the party charge for inviting the friends into the room, and then once they joined he’s getting charged with that SA as well?

Doesn't make sense. Why would they need to charge him under Section 21 in that case. Unless, the potential story is that he had consensual sex with her and then didn't engage in a later unconsensual assault.

If he was in the room with all of them assaulting her, after consensual sex, then they wouldn't need section 21, they would just need the assault, which is a potentially worse conviction. In a gang rape scenario, all accused parties are adding and abetting the other but also assaulting. It doesn't make a difference if you are they guy who let his friends into the room or the guy who held the victim down later or even the guy who cheered while it was happening. You don't charge all people committing a crime with a section 21. That's reserved for people who don't actually commit the act, but aid and abet somehow.

In this situation adding the section 21, makes it potentially a lesser charge, despite how it appears as "more" charges.

[united]

With players from 2018 WJC team charged, lawyers say behind-the-scenes legal battles brewing

TSN has interviewed 16 current and former Crown attorneys and defence lawyers who specialize in sexual assault cases. They offered insights into how prosecutors and the defence team will navigate what will be among Canada’s highest-profile sexual assault cases since former CBC personality Jian Ghomeshi went on trial and was acquitted in 2016.

Informative article from TSN.

Also, I found this part at the end interesting. According to one of the legal professionals TSN discussed the matter with, three more players will likely become forever linked to the incident should matters make it to that stage, though not formally charged.

E.M. alleged in her 2022 lawsuit that she was assaulted by eight players and TSN has confirmed that there were more than five hockey players in the hotel room at the time the alleged assault took place. Other players who were in the room are expected to be called to testify, according to a person familiar with the matter.

“I fully expect other players who were there will be subpoenaed,” Maini said. “And in Canada you can't ‘plead the Fifth’ and not answer questions. You are required to answer…”

[taxbuster]

Originally Posted by MBates

Without more it is hard to guess what the basis of the count is for being party to an offence but these are the provisions of the Criminal Code that set out different liability pathways as a party:

{snip}

Thank you - we are fortunate on CP to have someone like you providing factual legal commentary. Appreciated.

[taxbuster]

Gary will be doing a presser at 1:30 ET (8 min from now).


Among other locations: https://www.cbc.ca/news/politics/nhl...rges-1.7103104


I expect massive evasion from him if he addresses the issue(s) at all.

[GioforPM]

Originally Posted by united

With players from 2018 WJC team charged, lawyers say behind-the-scenes legal battles brewing



Informative article from TSN.

Also, I found this part at the end interesting. According to one of the legal professionals TSN discussed the matter with, three more players will likely become forever linked to the incident should matters make it to that stage, though not formally charged.

You can't plead the Fifth. But you can rely on s. 13 of the Charter:

13 A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

So if they testify under subpoena the Crown likely has made a choice not to prosecute those individuals. Though it can get tricky if Witness A says things that incriminate Witness B and vice versa.

[Locke]

Originally Posted by taxbuster

Gary will be doing a presser at 1:30 ET (8 min from now).


Among other locations: https://www.cbc.ca/news/politics/nhl...rges-1.7103104


I expect massive evasion from him if he addresses the issue(s) at all.

Lol...I can feel this coming already.

"We're going to the Olympics! Cool International tournament! Oh...and 5 players have been charged with rape. No further comment."

[Goriders]

So once they have been charged and physically surrendered for arrest has it been made clear whether they will be released on bail until their trial?

[MoneyGuy]

Stupid kids - do something pathetically stupid and ruin a young woman’s life and your own. These guys had it made; now who knows what their lives will be like. (Innocent until proven guilty.)

[Locke]

Say whatever else you will about him...Bettman is a slick lawyer.

[GioforPM]

Originally Posted by Goriders

So once they have been charged and physically surrendered for arrest has it been made clear whether they will be released on bail until their trial?

There won't be bail. Formenton at the very least has already turned himself in and was obviously just released on his own.

[Locke]

Originally Posted by Goriders

So once they have been charged and physically surrendered for arrest has it been made clear whether they will be released on bail until their trial?

I think at most...they've had to surrender their passports?

[taxbuster]

Originally Posted by taxbuster

Gary will be doing a presser at 1:30 ET (8 min from now).


Among other locations: https://www.cbc.ca/news/politics/nhl...rges-1.7103104


I expect massive evasion from him if he addresses the issue(s) at all.

Not much new there - players are being paid and won't be suspended without pay (at this point) because most of their salaries for the year are already paid and they're all FAs at the end of the year. Beats me.


The NHL investigated, but, lacking resources to compel anyone to provide info (unlike the police) not much was done...although they were busy "preparing a report" when the news dropped on the charges.


NHL did not advise teams and the teams had "even less" info than the NHL.




Didn't really expect more...he can't comment a lot given that it's now sub judice and so he gets a free "out" on that.


Kudos to Robyn Doolittle of the G&M who pressed Gary pretty hard on this. One of the few who did. (Mostly the folks who make their money on the backs of the NHL did only puffball questions.)

[activeStick]

The incidents happened before these players were in the NHL's sphere and while they were with Hockey Canada. I didn't see any issues with his responses to the questions. Hockey Canada needs to be the one answering the questions and I would suggest all the leadership who were in place at the time who may no longer still be working for Hockey Canada.

[dammage79]

At least when prompted, Bittman said these players won't be playing during this process. Still getting paid, but not playing. That's a good statement to make at the very least.

[Bingo]

Not sure Bettman should be grilled for this anyway. This isn't an NHL issue.

London police investigation and Hockey Canada event.

[lazypucker]

I thought for a normal job, if you ask for a personal leave or sabbatical, you won't get paid during that time.

How could these players still get paid during investigation as they request time off themselves?

But the NHL is the NHL

[dammage79]

Originally Posted by Bingo

Not sure Bettman should be grilled for this anyway. This isn't an NHL issue.

London police investigation and Hockey Canada event.

Don't think was grilled. He made it a point to make a statement. Which was handled well I think. Don't much care for Bettman but it seemed fine.