With five members of Canada’s 2018 world junior hockey team acquitted of all charges of sexual assault on Thursday, the stage could be set for some to return to professional hockey and potentially the NHL.
Justice Maria Carroccia told the London, Ontario, courtroom that she did not find the evidence provided by the complainant, who was referred to as “E.M.” because of a publication ban, to be “credible or reliable” while delivering a not-guilty verdict on two charges against Michael McLeod and one each against Carter Hart, Dillon Dubé, Alex Formenton and Cal Foote. Those players were accused of sexually assaulting “E.M.” in a London hotel room following a Hockey Canada gala event in June 2018.
Each of them went on to play in the NHL before having the criminal charges brought against them in February 2024.
In the decision Thursday, Carroccia highlighted numerous inconsistencies and holes in the case brought against the players as part of her emphatic ruling in favor of the defendants. How the NHL views that decision will ultimately determine when, or if, the five defendants will have a chance to return to the league.
All five players are considered NHL unrestricted free agents after not receiving qualifying offers from their former teams upon the expiry of their previous contracts, but a league source told The Athletic on Thursday that the NHL will review the judge’s ruling and complete its own internal process before the players are eligible to sign contracts. There is no timetable for how long that may take.
“The allegations made in this case, even if not determined to have been criminal, were very disturbing and the behavior at issue was unacceptable,” the league said in a statement Thursday. “We will be reviewing and considering the judge’s findings. While we conduct that analysis and determine next steps, the players charged in this case are ineligible to play in the league.”
The NHL Players’ Association took issue with that approach, saying in its own statement, “Dillon Dube, Cal Foote, Alex Formenton, Carter Hart, and Michael McLeod were acquitted of all charges by Justice Carroccia of the Ontario Superior Court. After missing more than a full season of their respective NHL careers, they should now have the opportunity to return to work. The NHL’s declaration that the players are ‘ineligible’ to play pending its further analysis of the court’s findings is inconsistent with the discipline procedures set forth in the CBA. We are addressing this dispute with the league and will have no further comment at this time.”
The Crown also now has up to 30 days to appeal the judge’s decision, and Crown attorney Meghan Cunningham said in a statement outside the courthouse that it will “carefully review Justice Carroccia’s decision.”
In the meantime, there are certainly NHL executives with interest in signing some of the players.
A number of NHL teams could use an upgrade in goal, and Hart, 26, is a former No. 1 goaltender who showed flashes of great potential with the Philadelphia Flyers. McLeod and Dubé are forwards with multiple NHL seasons under their belts, with the New Jersey Devils and Calgary Flames, respectively.
Returns are less likely for Foote, a defenseman who previously bounced between the AHL and NHL, and Formenton, who spent parts of two seasons in Switzerland before stepping away from hockey in September of 2024 to take a job in construction.
McLeod and Dubé spent last season playing in the KHL, while Foote spent the year with a team in Slovakia. Hart hasn’t appeared in a professional game since his last start for Philadelphia in February of 2024 but continued to train on and off the ice during last season in Nashville while awaiting trial.
“Mr. Hart regrets that it took a criminal trial for the truth to come out, but he has learned from the experience and he is committing to sharing what he has learned with others in his personal circle and in his professional life,” Hart’s attorney, Megan Savard, said after the proceedings came to a close Thursday. “He will be taking time today to process today’s outcome and is grateful to his family, his friends and his supporters for standing by him during this profoundly challenging time.”
What remains to be seen is if the NHL puts additional roadblocks in the way should a team get to the point where it is willing to offer any of the players a contract.
The collective bargaining agreement affords NHL commissioner Gary Bettman considerable power to punish players for off-ice conduct deemed harmful to the league. That includes actions that don’t result in criminal convictions. Article 18-A grants Bettman the ability to expel, suspend, fine or even cancel the contracts of players following a league investigation and hearing (where the player and NHL Players’ Association are permitted to present evidence, testimony and argument in the player’s defense).
In June, Bettman said at his state of the league address before Game 1 of the Stanley Cup Final that he would let the judicial process play out but “what has been alleged is abhorrent, disgusting and shouldn’t be tolerated.”
Bettman used his latitude to levy a one-year suspension against former Los Angeles Kings defenseman Slava Voynov in April of 2019 — more than five years after Voynov had pleaded no contest to a misdemeanor charge of corporal injury to a spouse following his October 2014 arrest for attacking his wife, Marta Varlamova. The one-year suspension from Bettman also came after the player’s conviction had been dismissed by a Los Angeles judge in 2018.
Arbitrator Shyam Das later upheld the Voynov ruling on appeal, albeit while granting the player credit for 41 games already served because he sat out the entire 2018-19 season, which the NHL viewed as an expression of support for Bettman’s ability to mete out punishment for off-ice incidents.
“The decision also confirms and reaffirms the commissioner’s broad authority under the CBA and applicable league rules to establish — and to enforce — appropriate standards of conduct for individuals involved in the National Hockey League,” the league said in a May 2019 statement.
Even with Thursday’s not-guilty verdict, that’s a critical point to highlight in the fallout of the Hockey Canada case. Multiple sources with an understanding of the NHL’s views on the matter told The Athletic that what Carroccia had to say in her ruling would carry considerable weight in determining the potential playing futures of Dubé, Foote, Formenton, Hart and McLeod.
That is, being exonerated would not be enough on its own to clear a path for those players to return to the league — certainly not immediately, and perhaps not ever. But that’s why the justice’s emphatic words Thursday against the complainant were perhaps the best-case scenario for each of these players toward a potential return to the NHL.
Ultimately, it’s still possible the decision will be made by individual teams.
Former Vancouver Canucks winger Jake Virtanen hasn’t returned to the NHL since a 12-person jury found him not guilty on one count of sexual assault in July 2022, save for a two-week tryout with the Edmonton Oilers that fall, which ended with him being released. While there have been no restrictions on Virtanen’s ability to play in the NHL, no team has deemed him worthy of a contract while he’s jumped from Russia to Switzerland to Germany.
The same can be said of Voynov, who hasn’t been extended an opportunity to return to the NHL in the five years since his suspension, and of Mitchell Miller, the 2020 draft pick whom the Arizona Coyotes renounced and the Boston Bruins later signed and then terminated after public and internal outcry due to the fact that Miller bullied a Black classmate with developmental disabilities in middle school.
(Illustration: Dan Goldfarb / The Athletic, with photos of Cal Foote, Dillon Dubé, Carter Hart, Michael McLeod and Alex Formenton by Andrew Mordzynski, Jonathan Kozub, Steph Chambers, Cato Cataldo and Richard A. Whittaker / Getty Images)