Legal expert says questions will arise about delay in charges against hockey players in alleged sexual assault

Focus continues on one of the biggest legal cases involving professional sports in Canada.

At least one legal expert said many questions will arise in the case against five members of Canada’s 2018 World Junior Hockey team, including why police have waited so long before laying charges in a sexual assault case.

“They can expect to be facing the greatest power there is in Canadian society, which is the crosshairs of the government on them to put them in prison,” said defence lawyer Phillip Millar, of Millars Lawyers London.

Millar was responding to a report from The Globe and Mail that five members of the 2018 Canadian Junior hockey team have been told to surrender to the London Police Service to face charges of sexual assault.

The pending charges are connected to the alleged group sexual assault of a woman in a hotel room following a Hockey Canada gala in London, Ont. in June of 2018.

Millar, who is not connected to the case, expects the next move by the accused will be to retain defence lawyers to challenge everything the Crown alleges.

“I think one of the strategies might be, in a case like this when I look at it is, ‘Why weren’t charges laid earlier? Why did the other investigations not find anything? Why is it only being charged now? Is this a public opinion case or is this a case that’s based on substantive evidence?’”

Defence lawyer Phillip Millar of Millars Lawyers in London, Ont. speaks to CTV News in a virtual interview on Jan. 25, 2024. (CTV News London)The players, who have not been named, have been given a set period of time to surrender to police headquarters. Five players from that 2018 World Junior hockey team have notably taken leave of absence from their respective clubs for personal reasons.

None of the allegations have been tested in court.

“I don’t think there’s a nefarious motive behind treating these players different than anybody else,” said Millar.

A complaint was initially made in 2018. Police would eventually decide to not pursue charges.

A $3.55 million lawsuit was subsequently launched against Hockey Canada, the Canadian Hockey League, and eight unnamed players. In 2022 it was settled out of court.

London police reopened the investigation on July 7, 2022. Police said at this time they are not commenting, but added that details of an investigation will be shared at a news conference on Feb. 5.

“The news conference on February fifth will be a public circus show to make the police look like they’re doing what public opinion wants them to do,” said Millar. “That’s what the police do. So they want to look like they’re doing everything they’re supposed to be doing, and they’re going to be trying to give a reason for why they didn’t lay charges earlier.”