Five members from Canada’s 2018 world junior team (Hart, McLeod, Dube, Foote and Formenton) told to surrender to police, facing sexual assault charges

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CanMerc

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Dec 7, 2023
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The safeguards are the bail court and, of course, the entire justice/trial system.

That said, to seek a warrant for arrest, yes, the police would have to present their case to a judge and convince them to endorse their application. Warrantless arrests can be done, however, under s. 495(1) of the Criminal Code:

  • 495(1) A peace officer may arrest without warrant
    • (a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;
    • (b) a person whom he finds committing a criminal offence; or
    • (c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.

Challenging such warrantless arrests after the fact and getting evidence tossed on bad arrests is pretty much my bread-and-butter as a defence lawyer. Police make warrantless arrests at their own risk. Usually they're pretty careful to make sure they have the requisite grounds so that guys like me can't get important evidence excluded at trial.
I’m gonna need a business card…. You know, for a friend…..
 
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Matty Sundin

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Jul 18, 2006
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I knew it was gonna take a while(sometimes felt it might never) but I knew if it did shit is gonna hit the fan and smell nasty and it’s gonna be messy which is looking right now…
 

Edgelord

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So let's just call it hearsay because we feel like it!
I think its more to do with the fact rape allegations can ruin lives so its very important to make sure its official before naming names.
 

AnInjuredJasonZucker

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Feb 21, 2014
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What ever happened to innocent until proven guilty. Remember the Duke Lacrosse players. The woman in question was proven to be a liar and is now in prison for 2nd degree murder.
What do you mean, "What ever happened..."? It's still a legal principle and hasn't gone anywhere in the legal system.

Thanks for the rule proving exception, though.
 
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Ezekial

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Because shit happens and life goes on?

I have had to deal with a lot of traumatic events in my life (currently dealing with one right now) but I still have to get up and go to work every day, be a parent to my children, be there for my friends, and try to find as much fulfillment in life as I can.
Being charged with sexual assault (especially as a person who plays a sport for entertainment in the public eye for a living) isn't "ho hum, shit happens"
 

Captain3rdLine

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Sep 24, 2020
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Well all five names are out now. Can't talk about them here, but a quick google search makes it pretty clear.

I get that teams can't come out and say what is going on, but claiming these guys are on leaves for Mental Health is a pretty rough look.
Only one team did that no? And they might’ve just been getting ahead of it or it was genuinely for mental health reasons because finding out this was about to come out would be pretty bad for your mental health.
 
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BE Friend

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Jul 16, 2021
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It's almost like they don't want any names posted.
They're worried about getting a letter from these guys:
1706116881632.png
 
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DEANYOUNGBLOOD17

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May 10, 2011
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I do not want to speculate….🤨!

But the initial report had 8 players in the room and todays report has 5 players asked to report!


Basic math 8-5 = 3 players getting the Chevy treatment ( Chicago Fiasco) - they knew something but don’t know something!

1706116890724.gif
 
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HBK27

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So, do any of the alleged players have the right to not take a leave of absence and continue playing during an ongoing investigation? Can a player maintain their presumption of innocence and continue playing until proven otherwise?

I'm sure the NHL (maybe even with the NHLPA's backing) made it very clear to these players that taking a voluntary leave of absence would be much more beneficial to them at this time.

I'm assuming all 5 players will still be getting paid, whereas the NHL might've threatened suspensions and/or other disciplinary actions had they not taken the "voluntary" leave of absence.
 

Gil Gunderson

Registered User
May 2, 2007
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How long …. Never 👎!!!

Get off the soap box! Over reaction is un needed.

Only an imbecile would think the punishment of innocent young Canadian players ( future participants of WJC) that had nothing to do with this is the best coarse of action
Because the IIHF never engages in collective punishment...
 

Jared Dunn

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Dec 23, 2013
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Because shit happens and life goes on?

I have had to deal with a lot of traumatic events in my life (currently dealing with one right now) but I still have to get up and go to work every day, be a parent to my children, be there for my friends, and try to find as much fulfillment in life as I can.
"shit happens and life goes on" is quite a way to describe a gang rape
 

surixon

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Jul 12, 2003
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The NHL has likely been sitting on the results of their investigation waiting for this. Once the players are charged my guess is the league will announce their punishment in short order.
 

Louie the Blue

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Jul 27, 2010
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Assuming Bettman does anything at all.
Didn’t know if there was a NHL equivalent of a restricted list in MLB or NFL and if players would face similar restrictions like Quenneville did to be re-instated (who was never convicted of any wrong doing).
So take away their livelihoods before a shred of evidence has been submitted, much less a guilty verdict entered?
I don’t know if they’d be on paid leave or suspended.

Quenneville had to apply to be re-instated even though he was never convicted of anything. Why wouldn’t it be a similar standar for players?
 

swiftwin

★SUMMER.OF.STEVE★
Jul 26, 2005
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Well all five names are out now. Can't talk about them here, but a quick google search makes it pretty clear.

I get that teams can't come out and say what is going on, but claiming these guys are on leaves for Mental Health is a pretty rough look.
Only one of the 5 players who have gone on leave in the past few days was claimed to be on leave for mental health reasons.

That's why it's important not to speculate.
 

Lazlo Hollyfeld

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Because shit happens and life goes on?

I have had to deal with a lot of traumatic events in my life (currently dealing with one right now) but I still have to get up and go to work every day, be a parent to my children, be there for my friends, and try to find as much fulfillment in life as I can.

Is your job in the entertainment industry like hockey is?

Their public image is a part of their job. It may be presented as something they're doing only for themselves but the franchise has an interest in them not being in this lineup as all the shakes out as well.
 

Edgelord

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Definitely, but sharing potentially relevant information isn't an allegation
true but its the potentially part thats the issue, when it changes from potentially to just relevant then we will be able to name names. Even if we are 99% sure who it is, that 1% means we can't name names till anything official is released.
 
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