Reviewing Ewanchuk and JA - A Blog
The Supreme Court of Canada described the complex relationship between consent, sections 265 and 273 of the Criminal Code, and the parties to a sexual assault offence in R v Ewanchuk and R v A(J). As demands for consensual participation continue to grow, it is timely to review how Canadian courts consider consent in the context of sexual assault offences.
Mr. Big Operations – The Big Lebow-peration
In this blog, we briefly outline a timeline of Mr. Big Operations (MBO) in Canada, as well as indicate their future in Canada and other jurisdictions.
Mr. Big Operations – Mack’in at the Hart of the Operation
In this blog, we will summarize two recent Supreme Court of Canada (SCC) cases regarding Mr. Big Operations (MBO), as well as indicate how we believe the new rules from these cases would apply to an older MBO case.
Mr. Big Operations – An Introductory Salvo
In lieu of the "Mr. Big" seminar that was to be presented, we have created a trilogy of blogs. The first of which will: outline the typical steps taken by the police during a Mr. Big Operation (MBO), describe the concerns Dr. Khoday had prior to recent Supreme Court of Canada (SCC) decisions regarding MBOs, and identify how MBOs avoid Charter concerns and how Canadians' rights are protected from MBOs by the Charter.
Ewanchuk and the (Debunked) Myth of Implied Consent
Over the past decade the law of sexual assault and legislative changes governing this section of the law has evolved considerably, but this does not mean that the results are being shown in the courtroom. It has been over ten years since R v Ewanchuk, and a positive note to come out of the decision in this case is that the Supreme Court of Canada cemented that there is no defence of implied consent to sexual assault in Canadian law.
