R v Ewanchuk, 1999 SCJ 10 (Major): [37] The words of Fish J.A. in Saint-Laurent v. Hétu, [1994] R.J.Q. 69 (C.A.), at p. 82, aptly describe the concern which the trier of fact must bear in mind when evaluating the actions of a complainant who claims to have been under fear, fraud or duress: “Consent” is . . . stripped Read more...
R v Ewanchuk, 1999 SCJ 10 (Major): [56] In Esau, supra, at para. 15, the Court stated that, “before a court should consider honest but mistaken belief or instruct a jury on it there must be some plausible evidence in support so as to give an air of reality to the defence”. See also R. v. Osolin, [1993] 4 S.C.R. Read more...
R v Barton – 2019 SCC 33 (Moldaver): [87] A conviction for sexual assault, like any other true crime, requires that the Crown prove beyond a reasonable doubt that the accused committed the actus reus and had the necessary mens rea. A person commits the actus reus of sexual assault “if he touches another person in a sexual way without Read more...