No Still Means No: Clarifying the 5-4 Split in R v Kirkpatrick
At the end of July 2022, one message rang loud and clear across the country, straight from the Supreme Court: when it comes to consent, only yes means yes. It...
Tagged: consent
Contemporaneousness of Sexual Consent in R v AE
Content Warning: This article includes depictions of sexual violence that may evoke strong emotions for some readers. The jurisprudence surrounding the requirement for consent as a defence for sexual assault...
Incapacity Precludes – not Vitiates – Consent in R. v. G.F.
Content Warning: Sexual assault and intoxication The Supreme Court of Canada (“SCC”) has clarified that capacity is a precondition for consent in sexual assault offences in R v G.F., 2021...
R v Kirkpatrick: Can Ignorance Amount to Deceit When It Involves a Failure to Wear a Condom?
When assessing the scope of consent for sexual activity, the courts have held that consent is required at the beginning of every sexual incident. This means that consent given on...
