R v GF – 2019 ONCA 493 (Pardu): [25] I do not agree that the nature of the account given by the complainant in itself is demonstrably incompatible with incapacity to consent to sexual relations, or that the trial judge failed to consider this evidence. The complainant’s intermittent awareness, her waking from sleep to find sexual acts performed Read more...
R v Horse – 2019 SKCA 56 (Leurer): [32] As I interpret this passage, the appeal court accepted that, rather than being an element of the mens rea of theft, colour of right is like any other positive defence, which need only be disproved by the Crown if there is evidence that discloses an air of reality to it. | Read more...