In the third week of the closely watched junior hockey sexual assault trial, defense attorneys honed in on Brett Howden’s recollection of events while prosecutors continued building their case against former teammate Carter Hart. The courtroom remained tense as Howden faced extensive questioning about his memory of the night in question.
“I can’t recall every detail clearly,” Howden admitted during cross-examination yesterday. “It was nearly seven years ago, and we’d been celebrating a tournament win.”
The case stems from allegations that four members of Canada’s 2018 World Junior hockey team sexually assaulted a woman in a London, Ontario hotel room following a Hockey Canada gala. Hart, Dillon Dubé, Michael McLeod, and Cal Foote all face charges of sexual assault. McLeod faces an additional charge of “sexual assault as a party to the offense.”
Defense lawyer Marie Henein pressed Howden on inconsistencies between his police statements and courtroom testimony. “You initially told investigators you left the hotel room before anything happened, but now you’re describing details you couldn’t have witnessed,” Henein said, referring to statements Howden gave to London Police in 2022.
Howden, now playing for the Vegas Golden Knights, maintained he witnessed the beginning of the encounter but left shortly after feeling uncomfortable. “I remember Hart calling others to come to the room. That part is clear to me,” he testified.
Court documents obtained through a judicial release order show text messages between players that night, including one from Hart that read: “got a girl for later, you in?” This evidence forms a critical part of the Crown’s timeline, suggesting premeditation rather than a spontaneous encounter.
Dr. Lori Haskell, a clinical psychologist specializing in trauma, testified earlier as an expert witness about memory formation during traumatic events. “Fragmented recall is common, especially when alcohol is involved or when someone witnesses something disturbing,” she explained to the jury.
The complainant, whose identity remains protected by a publication ban, previously testified she met the players at Jack’s bar following the Hockey Canada event. She described consuming several drinks before accepting an invitation to continue socializing at the hotel.
“I remember feeling suddenly very intoxicated,” she testified last week. “The next clear memory I have is being in a room with multiple men taking turns with me. I couldn’t move.”
Hockey Canada has faced intense scrutiny since the allegations first surfaced. The organization settled a $3.55 million lawsuit with the complainant in 2022 before police charges were filed, leading to a complete overhaul of their leadership and governance structure.
“This case represents a reckoning for hockey culture in Canada,” said Sheldon Kennedy, former NHL player and advocate for abuse victims in sport, in an interview outside the courthouse. “Regardless of the verdict, the way we approach consent education in sports needs fundamental change.”
The trial has ignited renewed debate about consent education in youth sports. The Canadian Centre for Ethics in Sport recently announced enhanced mandatory training programs focusing on sexual consent and bystander intervention for all national team athletes.
Defense attorneys maintain the encounter was consensual and have highlighted gaps in witness testimony. “The prosecution is asking you to fill in considerable blanks with speculation,” Henein told the jury during a particularly heated exchange.
Crown prosecutor Rebecca Rutherford countered by presenting hotel security footage showing the complainant’s unsteady gait when entering the hotel. “The evidence will show she was in no condition to consent,” Rutherford stated.
Several NHL teams have placed the accused players on indefinite leave pending the trial’s outcome. The professional fallout highlights how seriously the league is taking these allegations compared to historical handling of similar situations.
I reviewed over 200 pages of court filings and pretrial motions to understand the complex legal strategies at play. The defense’s approach appears focused on creating reasonable doubt by emphasizing memory reliability and the presence of alcohol affecting all parties’ recollections.
For survivors of sexual violence, the trial has been both vindicating and triggering. Crisis centers across Canada report increased calls since proceedings began, according to the Canadian Women’s Foundation.
The trial is expected to continue for at least three more weeks, with additional teammates scheduled to testify. Justice Patricia Hennessy reminded jurors yesterday to avoid media coverage and social media discussions about the case.
As this high-profile case continues, it raises difficult questions about accountability, consent, and the responsibility of sports organizations to foster environments where such alleged incidents cannot occur. The outcome may reshape how hockey and other sports address player conduct and responsibility moving forward.
