Alcohol and consent are at the heart of another high-profile sexual assault court case involving an ex-NHL hockey player.
Plaintiff S.D.K., a Tofino resident with an academic background in oceanography, is suing former NHL player William Reid Mitchell and for an incident that allegedly took place in his Tofino home on Sept. 11, 2022.
At the time of the alleged sexual assault, S.D.K. was 26 and working at Tofino Resort + Marina (TRM) in the 1909 Kitchen + Bar as a server. Mitchell was 45, the acting general manager of the resort and one of three directors of TRM. He ceased being a director in February 2023.
S.D.K. has also named the resort and the land title owner in the civil lawsuit, pleading that they are all jointly liable for negligence.
S.D.K. was served alcohol after her shift and became “visibly impaired” as the night went on, according to court documents.
“She recalls dancing on the dance floor but has little to no memory thereafter,” reads the civil claim filed in the Supreme Court of British Columbia on Oct. 1, 2025.
Mitchell allegedly drove her to his Tofino home and “without her express or implied consent, Mitchell engaged in unprotected sexual activity,” according to court documents.
S.D.K.’s memories are “fragmentary”, but she recalls “Mitchell’s hands on and/or around her neck held her neck in a strangle-like hold”.
S.D.K. reported the sexual assault to the local police the following day, Sept. 12, 2022, and had a forensic exam at the Tofino General Hospital.
“I anticipate that the forensic medical will demonstrate that there was unprotected sex,” said S.D.K.’s lawyer Sandra Kovaks.
“What steps did the defendant take, if any, to ensure he had her consent to unprotected sex? And I think that’s where the issue of impairment comes in. Can someone with that level of impairment consent?” asked Kovaks.
In Canada, consent is a voluntary, informed agreement to an act or purpose made by a capable individual. In civil law, any touching that is nonconsensual becomes battery.
Kovaks says there is evidence that S.D.K. was only wearing one shoe when she was in Mitchell’s car and when she walked home the following morning.
According to court documents, S.D.K.’s mobile phone, jacket and purse were left at the pub the night of the incident.
“How drunk does a girl have to be before she can’t give consent? It’s like hunting and taking out the weakest antelope in the herd. It’s predatory,” said Kovaks.
Criminal versus civil law
No criminal charges were laid in this case, BC Prosecution Service (BCPS) confirmed. Police investigated the incident and then forwarded a report to Crown Counsel for consideration of charges.
“The prosecutor reviewed the file materials submitted by the investigators and concluded that the charge assessment standard was not met. In these circumstances, not laying charges is the appropriate course of action,” said Damienne Darby, BCPS communication counsel, in an email.
“Except in rare circumstances, we do not share the reasoning behind decision-making in individual prosecutions,” Darby continued.
Five players of Canada’s 2018 junior hockey team – Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote – were criminally charged with sexual assault after an incident in a hotel room in London, Ontario, seven years ago. The trial played out over several weeks this May 2025 and concluded with the acquittal of all five players.
After the not guilty verdict was delivered, the NHL stated on July 25, 2025 that the allegations, even if not determined criminal, were “very disturbing” and that the behaviour was “unacceptable”.
“We will be reviewing and considering the judge's findings. While we conduct that analysis and determine next steps, the players charged in this case are ineligible to play in the League," said the NHL.
“What’s interesting about that whole (junior hockey) scenario and what’s an interesting question for society at large is, even though it was not criminal behaviour as determined by a judge, is it wrongful behaviour? Yes. Is it harmful behaviour? Yes. So as a society how do we address it,” Kovaks said.
Criminal charges require proof beyond a reasonable doubt, while civil lawsuits operate on a “balance of probabilities”, meaning Kovaks will have to prove it is more likely than not that the sexual assault occurred. Criminal conviction can lead to a jail sentence, community service and/or a fine, while successful civil lawsuits generally lead to monetary compensation.
“At this point I’m not in a position to put a number on it. It’s the jury or the judges’ job at the end of the day to assess the injury or the loss,” said Kovaks.
S.D.K. said her career path was “delayed and altered” because of the many injuries she sustained as a result of the alleged sexual assault, which led to a loss of past earning capacity and future earning capacity.
Recent crime statistics reveal a high rate of sexual assault in Tofino
Dezerae Joseph (hašiłʔaqsa) is the coordinator for the Tla-o-qui-aht First Nation’s projects that uphold women and girls. Joseph runs women’s only drop-in basketball in Tofino, a weekly girls/women’s group and is the main contact for victim services and court proceedings tied to sexual assault.
“A lot of my work is prevention-based and relationship building work,” said Joseph. “When I grew up, it was very taboo to talk about anything. Let’s have these conversations and let’s show that we won’t sit back and tolerate it anymore.”
She told the Ha-Shilth-Sa she handles a “high number” of clients impacted by domestic violence and/or sexual assault; many of the cases are alcohol related.
“And that’s only the number that are reported. We are trying to change the culture of ‘we don’t talk about it’ to ‘let’s support you and let’s hold space’,” she said.
“I never try to convince someone to do what I think is right because I have my own traumas and I never reported mine. But we’re trying to support women, or any other individual who identifies as female, in saying you have options,” Joseph continued. “You don’t have to be silent anymore if you don’t want to and you don’t have to face this on your own anymore.”
Data from British Columbia police services (Statistics Canada, 2024) and Island Health show significantly higher rates of sexual assault on Vancouver Island’s west coast, especially in Tofino and Ahousaht, than in other neighbouring or similar municipalities in BC. This is according to a report released by the Clayoquot Biosphere Trust and the Westcoast Community Resources Society (WCRS).
In 2023, Level 1 sexual assaults in Tofino and Ahousaht were at a rate of 347 per 100,000 population, compared to 191 in Ucluelet, 200 in Port Alberni, and 191 in Whistler. Level 1 sexual assault includes attacks of a sexual nature that do not cause physical injuries, states the report.
“We need men to step up, and we need to step up as a society. In that moment, if you see a scenario where clearly a woman is drunk, then you step in. Don’t let her be alone. Often men will listen to other men in certain situations,” said WCRS executive director Laurie Hannah.
WCRS offers third-party reporting as an option for adult survivors of sexual assault to make an anonymous report to police. In 2023, the non-profit also started offering educational workshops for west coast businesses on sexual harassment and consent.
Current TRM General Manager Jon McKeon says the WCRS sexual harassment and consent workshop is mandatory staff training and has been a “valuable addition to our onboarding process”. He declined to answer any further questions at this time.
Mitchell was raised in the small town of Port McNeill on Vancouver Island. He played 15 NHL seasons from 1999 to 2016 and won two Stanley Cups.
S.D.K. intends to call evidence from other female complainants with similar allegations of sexual harassment against Mitchell. Kovaks says it could take three to four years for S.D.K.’s lawsuit to get to trial.
