Government Aims to Bring Sexual Assault Law Up to Speed with the Courts, Times

By Smith, Joanna | The Canadian Press, June 7, 2017 | Go to article overview

Government Aims to Bring Sexual Assault Law Up to Speed with the Courts, Times


Smith, Joanna, The Canadian Press


Liberals modernizing sexual assault law

--

OTTAWA - The Liberal government is changing sexual assault law to make it clear that an unconscious person cannot consent to sexual activity, part of an effort to bring legislation up to speed with the courts -- and the times.

"I'm hopeful that these proposed changes will go a long way towards ensuring that victims of sexual assault are treated with compassion and with the respect that they deserve," Justice Minister Jody Wilson-Raybould said Tuesday.

The proposed legislation, known as Bill C-51, would update the Criminal Code to reflect a 2011 decision by the Supreme Court of Canada, which involved the case of a couple that engaged in erotic asphyxiation.

The ruling, known as R. v. J.A., restored the conviction of a man who had performed sexual acts upon his longtime girlfriend after she became unconscious. She had consented to being choked by him, but the high court ruled that consent did not apply after she had lost consciousness.

The proposed legislation does not, however, specifically address whether someone, due to being drunk, impaired or a mental disability, is capable of providing consent, instead leaving that up to the courts to decide on a case-by-case basis.

Bill C-51 would also expand rape shield provisions -- designed to prevent the sexual history of a complainant from being used against them -- to include text messages, photos and other communications of a sexual nature, either from before or after the sexual activity in question.

It would also set up a regime to clarify whether an accused can introduce in court any private records of a complainant, such as diary entries.

The bill would also make it clear that a complainant has the right to a lawyer during rape shield proceedings, and require the judge to inform them of this right as quickly as possible.

During a technical briefing for the media -- provided on the condition that sources not be named -- a government official said that the proposed changes are meant to codify and standardize what many judges are already putting into practice.

Wilson-Raybould described the proposed reforms as the first major changes to sexual assault law since 1992, when former prime minister Kim Campbell, who was then justice minister, brought in the rape shield provisions. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Government Aims to Bring Sexual Assault Law Up to Speed with the Courts, Times
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.