Vitiating Factors of Consent
Consent is a concept found in Canadian criminal law, and the definition used by the courts is outlined in section 273.1 of the Canadian Criminal Code. Consent can be vitiated, or void in a number of situations, which are outlined in section 265 of the Canadian Criminal Code. Situations found under section 265 include situations where consent is acquired by fraud, through the application of force, or threat to the individual themselves, or another individual.
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.
