NHL has legal path to ban 2018 WJC players despite Not Guilty verdict

On Thursday, Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote were found not guilty in the controversial sexual assault trial involving five players from the 2018 Canadian World Junior hockey team. The players were found not guilty of all charges in an encounter with a woman in a hotel room seven years ago, Ontario Superior Court Justice Maria Carroccia ruled, stating she found the complainant E.M. not “credible or reliable”. The verdict immediately convinced some fans that the players did nothing wrong and that they should be allowed back in the NHL right away, with some fans suggesting they should even sue E.M. for defamation. However, he NHL has declared the players currently ineligible to play in the league while it reviews the judge’s findings and decides on next steps, while the NHL’s Players Association took issues with the assessment from the league and responded that its players should “have the opportunity to return to work.” The Association evaluates the case does not align with the terms of their collective bargaining agreement.

But the NHL might have an ace up its sleeves when it comes to explaining why the players should remain ineligible to play, and perhaps having to deal with heavy consequences in order to begin the process of having a shot once again in the league. As many reporters pointed out, Hockey Canada pay a settlement to E.M. before the case was pushed to criminal justice, meaning that clearly, the organization and the players had something to hide. Back in May 2022, Hockey Canada settled its case on behalf of the defendants, reaching an out-of-court settlement with the woman for an undisclosed amount. Then-CEO Scott Smith would later testify that Hockey Canada liquidated investments in order to complete the settlement. Months later, it was also revealed that Hockey Canada had been maintaining a fund of minor hockey membership fees that it used to pay for uninsured liabilities. That included sexual assault claims. Smith was forced out as CEO of Hockey Canada.

The players were found not guilty on Thursday, however, many maintain that E.M. did suffer sexual abuse that night. E.M. also issued a statement through her lawyer, addressing the outcome and her disappointment with her lawyer Karen Bellehumeur saying her client was devastated by the verdict and by the judge’s characterization of her testimony.

The Crown now has 30 days to decide whether it will appeal the decision, stating only that the ruling will be reviewed carefully in the coming weeks. In the meantime, E.M. is unfortunately trending on social media as fans demand to know her identity because she was deemed untruthful in her testimony.

In the meantime, the NHL and NHLPA are in heavy discussions for what it means for the players moving forward. With the settlement exposed, the NHL definitely has the necessary information to impose the ban on players.

McLeod, Hart, Dubé and Foote were active NHL players at the time of their arrests in 2024, which came days after all four players were granted leave from their respective teams. Formenton, an Ottawa Senators draft pick, has not played in the NHL since 2022. All five were technically free agents or unsigned as of the verdict.

The NHL’s decision effectively blocks any team from signing them while the league completes its internal review.