To many Canadians, hockey is a source of joy and excitement. We love watching it, playing it, and talking about it. Unfortunately, hockey’s dark side came to light in 2018 when five former players from Canada’s 2018 World Junior Hockey Team were accused of sexually assaulting a woman in a hotel in London, Ontario.
The case was in the headlines again due to recent legal developments in the ongoing lawsuit against the accused men. The trial was set in the Superior Court of Justice when Justice Maria Carroccia suddenly declared a mistrial. This was an unusual turn of events, especially since it happened only a few days after a jury was chosen.
But what causes a mistrial? And what happens once one is declared? In the following blog post, we will provide background for the sexual assault case against the former hockey players and unpack what a mistrial means in the criminal law context.
Background of the Case
The charges against the five accused men—Dillon Dube, Carter Hart, Michael McLeod, Cal Foote, and Alex Formenton—stem from an incident in June 2018. The accused attended a Hockey Canada gala to celebrate their team’s gold medal victory. They later ended up at a bar, where they met the complainant. The complainant had consensual sex with McLeod in his hotel room. But the situation escalated when McLeod invited several teammates into the room, where they allegedly proceeded to sexually assault the complainant.
The prosecution argues that the complainant, who was intoxicated at the time, complied with the accused men out of fear and confusion.
Each of the accused has pleaded not guilty to the charges. McLeod also denied the charge of being a party to the offence.
On April 25, 2025, shortly after the trial got underway, Justice Carroccia declared a mistrial and discharged the jury due to incidents that impacted the jury’s view of certain defence counsel.
What Is a Mistrial?
A mistrial is a legal remedy in which a trial is deemed invalid and effectively stopped before a verdict is reached. In criminal court, the judge has the power to declare a mistrial to avoid a miscarriage of justice.
What Are Common Reasons for a Mistrial?
Mistrials can occur for a variety of reasons, including:
1. Jury issues
Jury misconduct is a frequent cause of a mistrial. For example, a juror might have engaged in improper communication about the case in question, conducted their own independent investigation, or displayed bias against one of the parties. If jury issues are significant enough, the judge might determine that a juror’s behaviour has compromised the fairness of the trial and declare a mistrial.
2. Procedural errors
Errors in legal procedures can also lead to a mistrial. For example, the judge might discover that evidence was improperly admitted or excluded, or jury instructions might have been flawed.
3. Prejudicial events
If lawyers, witnesses, or the judge made prejudicial statements during the trial, these might impact the jury’s impartiality. If the judge believes that prejudicial events have created an unfair bias, they are liable to declare a mistrial.
What Is the Process for a Mistrial?
A mistrial can be requested by either the Crown or the defence. Or, as in this instance, the judge can declare a mistrial on their own motion.
When contemplating a mistrial, the judge must consider whether continuing the trial would compromise the fairness of the proceeding. This principle that legal proceedings must be fair is guaranteed by section 7 of the Canadian Charter of Rights and Freedoms, which states:
“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”
Because mistrials can be disruptive, judges try to avoid them by first attempting other remedies, such as instructing the jury to disregard a piece of information or correcting jury instructions. Judges will typically only resort to a mistrial where the damage is irreparable.
What Happens After a Mistrial?
Once a mistrial has been declared, the accused is not acquitted; instead, the Crown decides whether to re-prosecute the accused. Depending on the circumstances of the case, they may opt to:
- Schedule a new trial with a different jury
- Stay the charges
- Withdraw the charges
If the judge orders a new trial, it typically begins from the start. However, certain pre-trial motions and rulings might still be relevant.
Notable Mistrials in Canadian Criminal Law
There have been numerous famous mistrials throughout the history of Canadian criminal law. In the 2001 case of R. v. Mentuck, Kyle Unger was tried for murder. The prosecution had relied on a confession obtained through a “Mr. Big” undercover operation. The first trial ended in a hung jury, and a second trial also failed to yield a verdict, leading to a mistrial. In the third trial, Unger was acquitted.
In the 2002 case of R. v. Burke, the jury delivered a verdict that was mistakenly recorded as an acquittal. After the jury was discharged, the trial judge attempted to correct the error by entering a conviction. However, the Supreme Court of Canada ruled that the judge lacked jurisdiction to alter the verdict post-discharge due to a reasonable apprehension of bias. A mistrial was declared, and a new trial was ordered.
The Importance of Mistrials in the Canadian Criminal Justice System
Mistrials are serious legal remedies that can disrupt cases and affect public confidence in the justice system. While they may seem like setbacks, they also serve as essential safeguards to ensure that trials remain fair for all parties involved and that Charter rights are respected. In the case of the ex-hockey players accused of sexual assault, the mistrial marks a distinct pause in proceedings, but it also reflects the legal system’s commitment to upholding the fundamental rights of the parties involved. Canadians will be closely watching the case, which raises important questions about accountability, consent, and justice in the context of national institutions like hockey.
Contact Barrison & Manitius for Skilled Representation in Criminal Law Matters
The right to a mistrial is essential in the Canadian criminal justice system. Whether you are dealing with procedural errors, jury issues, or prejudicial events, a mistrial might be the best option for proceeding. If you have been charged with an offence or are facing trial, the trusted criminal defence lawyers at Barrison & Manitius will protect your rights and advocate on your behalf. Our team is dedicated to helping clients throughout the Durham Region and Central East Region of Ontario and will create a sound strategy to help you get the best possible results. Contact us online or call us at 905-404-1947 to speak with a member of our team today.