The high-profile Hockey Canada sexual assault trial has reignited fierce debate over how Canada's legal system handles sexual assault cases—and whether another wave of rushed legislative change is looming. Following public uproar after Jian Ghomeshi’s acquittal in 2016, Parliament passed Bill C-51, introducing major Criminal Code reforms. These measures, praised by advocates for preventing “trial by ambush,” forced defence lawyers to disclose communications like emails and texts with complainants before trial.
Legal experts divided as Hockey Canada trial stirs fear of another wave of rushed sexual assault law reforms
The so-called “Ghomeshi rules” have drawn sharp criticism from criminal defence lawyers, who argue the changes tilt the system unfairly. Now, many legal experts fear that if the accused ex-hockey players are acquitted, lawmakers may rush to make further reforms—this time targeting the already sensitive definition of consent.
Lisa Kelly, associate professor of law at Queen’s University, cautions against “reactive lawmaking,” warning it can have unintended effects. “Many would be concerned or very troubled if some or all of the players were acquitted,” she said, drawing parallels to the reaction after Ghomeshi’s verdict.
University of Ottawa law professor Daphne Gilbert supports the reforms, saying they add necessary protections. “It prevents trial by ambush, which we really shouldn’t be having in Canada,” she explained. The process now lets complainants hire legal counsel and argue against potentially prejudicial evidence.
Yet defence lawyers like Sarah Leamon argue the process undercuts a key strategy. “That element of surprise is undermined,” she said. Others, like Nick Cake, add that disclosing defence communications and filing affidavits opens defendants to cross-examination, effectively stripping them of the right to remain silent.
Even supporters of the reform admit the process creates delays. Lisa Dufraimont, a professor at Osgoode Hall, says courts now struggle to manage timelines, as sexual assault trials often involve thousands of text messages and intricate vetting procedures.
Also Read: Hockey Canada scandal: How police errors nearly buried and delayed the sexual assault case
With the sexual assault trial of the five former world junior players—Dillon Dubé, Alex Formenton, Carter Hart, Cal Foote, and Michael McLeod—now concluded and a verdict due July 24, many in the legal community worry what comes next. As Peter Sankoff bluntly puts it: “Every sexual assault trial has become a lengthy ordeal—and that’s not good for the accused or the complainant.”
Legal experts divided as Hockey Canada trial stirs fear of another wave of rushed sexual assault law reforms
The so-called “Ghomeshi rules” have drawn sharp criticism from criminal defence lawyers, who argue the changes tilt the system unfairly. Now, many legal experts fear that if the accused ex-hockey players are acquitted, lawmakers may rush to make further reforms—this time targeting the already sensitive definition of consent.
tw// hockey canada sa
— lily:( (@lashe00) May 5, 2025
this cross examination is straight out of the victim blaming textbook. just like virtanen trial, and we know how that ended pic.twitter.com/ojSa1FOfmi
Lisa Kelly, associate professor of law at Queen’s University, cautions against “reactive lawmaking,” warning it can have unintended effects. “Many would be concerned or very troubled if some or all of the players were acquitted,” she said, drawing parallels to the reaction after Ghomeshi’s verdict.
University of Ottawa law professor Daphne Gilbert supports the reforms, saying they add necessary protections. “It prevents trial by ambush, which we really shouldn’t be having in Canada,” she explained. The process now lets complainants hire legal counsel and argue against potentially prejudicial evidence.
CW: SA, Hockey Canada trial.
— arielle (@ellycelly) May 5, 2025
Texts (via the CBC) simply confirm to me something I already knew – that Michael McLeod's soul is going to a place so incredibly hot one day. This is not a misunderstanding. Cruel manipulation, spelled out so plainly. He knew what he was doing. pic.twitter.com/7zCGP66vEc
Yet defence lawyers like Sarah Leamon argue the process undercuts a key strategy. “That element of surprise is undermined,” she said. Others, like Nick Cake, add that disclosing defence communications and filing affidavits opens defendants to cross-examination, effectively stripping them of the right to remain silent.
Even supporters of the reform admit the process creates delays. Lisa Dufraimont, a professor at Osgoode Hall, says courts now struggle to manage timelines, as sexual assault trials often involve thousands of text messages and intricate vetting procedures.
Also Read: Hockey Canada scandal: How police errors nearly buried and delayed the sexual assault case
With the sexual assault trial of the five former world junior players—Dillon Dubé, Alex Formenton, Carter Hart, Cal Foote, and Michael McLeod—now concluded and a verdict due July 24, many in the legal community worry what comes next. As Peter Sankoff bluntly puts it: “Every sexual assault trial has become a lengthy ordeal—and that’s not good for the accused or the complainant.”
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