Key legal questions as 5 ex-Canadian world junior hockey players in sex assault case set for 1st court hearing

WARNING: This article contains graphic content and may affect those who have experienced​ ​​​sexual violence or know someone affected by it.

Five former players on Team Canada's 2018 World Junior hockey team are set for their first court hearing today, starting the first stage of what lawyers say will likely be a long legal process that could take more than two years to reach a verdict. 

NHL players Michael McLeod and Cal Foote (both with the New Jersey Devils), Dillon Dubé of the Calgary Flames, Carter Hart of the Philadelphia Flyers and former NHLer Alex Formenton are scheduled for a London, Ont., court hearing at 9:30 a.m. ET.

All are charged with one count of sexual assault, while McLeod is also charged with one count of being party to the offence. Their lawyers have said they plan to plead not guilty. It's alleged the incident occurred following a Hockey Canada gala in London in June 2018, when the players were honoured for their victory at the World Junior Ice Hockey Championships.

Lawyers who spoke to CBC News, and aren't involved in the case, said they don't expect the players will be walking past news cameras for this court hearing — the court docket lists their appearance as happening via video conference.

"I would expect none of them to be there in person," said Andrew Furgiuele, a Toronto-based defence lawyer who represented a junior hockey player in a separate sexual assault case. 

Furgiuele expects lawyers for each player to speak to the judge just long enough to confirm they're the counsel of record.

After that, Furgiuele said, the lawyers will likely ask the court for timely disclosure of the information the Crown is using for their case. This information won't be made public until it's introduced as evidence at trial. 

"My hope would be that the Crown is ready to go with at least some substantial disclosure at the outset," said Furgiuele. "But there are times when it takes weeks. The process will start on Monday, but it won't finish on Monday." 

Here are some other key legal questions:

Furgiuele said he expects the five players will be tried together, not separately, as part of a single court proceeding. 

While it's possible one of the defendants could apply to have their case "severed" from the others, Furgiuele said such a move is becoming "increasingly rare" to avoid multiple trials.

While all five players are charged with sexual assault, only McLeod faces an additional charge — being party to an offence. 

Furgiuele said "being party to" simply means aiding or encouraging a principal offence. It essentially leaves the Crown two routes to conviction for McLeod.