Defence lawyers begin their closing remarks in Hockey Canada trial

Defence lawyers for Michael McLeod and Carter Hart delivered their closing arguments Monday in a London, Ont. courtroom, as the high-profile Hockey Canada trial enters its final week.

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Defence lawyers for Michael McLeod and Carter Hart delivered their closing arguments Monday in a London, Ont. courtroom, as the high-profile Hockey Canada trial enters its final week.

McLeod, a former first-round draft pick of the New Jersey Devils, is charged with sexual assault and one count of being a party to the offence, making him the only player facing two charges.

The allegations precipitated McLeod and his four co-accused effectively withdrawing from what appeared to be future careers in the NHL. He left the league in 2024 following news of a criminal investigation and later signed with Avangard Omsk in Russia’s Kontinental Hockey League.

In his closing remarks, McLeod’s lawyer, David Humphrey, attacked the complainant’s credibility, citing what he called a “cornucopia of credibility and reliability concerns.” His argument centered largely on the existence of two “consent videos,” one of which, he said, showed the complainant smiling.

Over nine days of testimony, the complainant, identified in court as E.M., told the court she felt scared and vulnerable during the alleged assaults, describing herself as having gone on “autopilot.”

Humphrey rejected that narrative, arguing the complainant’s fear was insincere and instead served to justify her $3.55 million civil lawsuit against Hockey Canada, which was settled out of court in 2022.

He contended that her testimony aimed to validate that settlement and to uphold what he described as a “white lie” told to her mother that has since “snowballed” into a criminal trial.

“Her new terror narrative that was advanced in the claim was scripted to remedy the deficiencies in the first narrative she had provided to Detective Newton,” Humphrey said, referring to the 2018 London police investigation that ended without charges.

Justice Maria Carroccia, who is presiding over the case without a jury, appeared receptive to the defence’s argument. At one point, she hummed in apparent agreement before offering her first substantive remark of the day: noting the unusual speed with which the Hockey Canada lawsuit had been resolved.

“Extremely quickly, frankly,” she said. “I have never seen a settlement that takes place one month after the statement of claim is served.”

After an extended lunch break, Carter Hart’s lawyer, Megan Savard, began her closing submissions.

Hart, formerly the starting goaltender for the Philadelphia Flyers, is charged with a single count of sexual assault. He has not played in the NHL since becoming a free agent in July 2024, shortly after news of the reopened criminal investigation.

Hart not only pleaded not guilty but was also the only accused to testify at trial.

Savard argued there was a glaring absence of evidence implicating her client, describing what little evidence existed as “exculpatory.”

She noted—and Justice Carroccia agreed—that E.M. could not provide a detailed recollection of the oral sex involving Hart.

Hart previously testified that the encounter lasted about 30 seconds before he withdrew his consent, feeling embarrassed and uncomfortable after making eye contact with an unnamed teammate.

Savard emphasized testimony suggesting Hart never touched the complainant—his hands were on his hips, and his pants were “never fully down.”

Once again, Justice Carroccia appeared to respond favourably, acknowledging that all witnesses, including Hart—the sole defence witness—either corroborated that version of events or failed to contradict it.

The trial is expected to conclude by Friday afternoon, with closing arguments from defence counsel for Dillon Dube, Callan Foote, and Alex Formenton, as well as the Crown, still to come.