CASE RESULT Charges Three counts of sexual assault, s. 271 of the Criminal Code Court Ontario Court of Justice, Toronto Result Guilty plea to one count of assault, s. 266 — conditional discharge The situation Our client was a 22-year-old international student. Within days of the start of her first semester, following a night involving alcohol, the client was charged […]
R v HY – Three Sexual Assault Charges Resolved to a Single Assault Count — Conditional Discharge
R v LYC – All Firearm Charges Stayed
The Background LYC was charged with possession of a loaded prohibited firearm (s. 95(2)), carrying a concealed weapon (s. 90(2)), and careless carriage of ammunition (s. 86(3)) — all stayed. No conviction. No criminal record. Mr. LYC was eating late-night Korean BBQ with acquaintances when police arrived on a report that someone at his table had threatened a man with […]
Common Defence of Sexual Assault Charge (s.271 of the Criminal Code): How Canadian Consent Law Shapes the Defence
A practical guide to the consent issues that decide most sexual assault trials in Canada Almost every contested sexual assault trial in Canada turns on a single word: consent. Identity is rarely in dispute. The fact that sexual touching occurred is often admitted. What is fought over is whether the complainant agreed, whether she was capable of agreeing, and whether […]