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R v Friesen, 2020 SCC 9 is a major decision by the Supreme Court of Canada on sentencing for sexual offences against children and the principle of parity. The Court held that sentences for offences involving the sexual abuse of children should be increased to reflect contemporary social understanding of the harms associated with such conduct, and Parliament's repeated signals to increase ...
R v Hutchinson, 2014 SCC 19 is a decision of the Supreme Court of Canada on sexual assault and consent under the Criminal Code.The Court upheld the sexual assault conviction of a defendant in a condom sabotage case, holding that the complainant's consent to sexual activity with him had been vitiated by fraud when he poked holes in his condom.
R v JA 2011 SCC 28 is a criminal law decision of the Supreme Court of Canada regarding consent in cases of sexual assaults. The court found that a person can only consent to sexual activity if they are conscious throughout that activity. If a person becomes unconscious during the sexual activity, then they legally cannot consent, whether or not ...
Sexual assault is defined as sexual contact with another person without that other person's consent. Consent is defined in section 273.1 (1) as "the voluntary agreement of the complainant to engage in the sexual activity in question". Section 265 of the Criminal Code defines the offences of assault and sexual assault.
R v Cuerrier. Her Majesty The Queen v. Henry Gerard Cuerrier. Crown appeal allowed, new trial ordered. R v Cuerrier was a 1998 decision by the Supreme Court of Canada, which ruled that knowingly exposing a sexual partner to HIV constitutes a prosecutable crime ( aggravated assault) under Canadian law.
Sexual Assault Training for Judges in Canada is a mandatory sexual assault training for federal judges under the Canadian federal and provincial governments as response to recent events and a growing amount of media attention. Federally, Bill C-337 was introduced by Rona Ambrose, former interim Conservative leader, in 2017 as a response to ...
Pourier said that there were gray areas within the criminal and civil areas of the law and that HB 1204 would allow for some specificity to the “layperson” who may not not the law as well as ...
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91 (27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act and ...