Criminal Code, RSC 1985, c C-46 Meaning of “consent”

Click here for the source and more information or read an excerpt below and here is the court case where it was referenced.

 

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  •  (1) Subject to subsection (2) and subsection 265(3), “consent” means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.

FR
s. 273.1 – (238)
s. 273.1(1) – (56)

  • Where no consent obtained

    (2) No consent is obtained, for the purposes of sections 271, 272 and 273, where

    • (a) the agreement is expressed by the words or conduct of a person other than the complainant;

    • (b) the complainant is incapable of consenting to the activity;

    • (c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;

    • (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or

    • (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

FR
s. 273.1 – (238)
s. 273.1(2) – (138)

  • Subsection (2) not limiting

    (3) Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.

  • 1992, c. 38, s. 1.
FR
s. 273.1 – (238)
s. 273.1(3) – (8)

Where belief in consent not a defence

 It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where

  • (a) the accused’s belief arose from the accused’s

    • (i) self-induced intoxication, or

    • (ii) recklessness or wilful blindness; or

  • (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting.

  • 1992, c. 38, s. 1.
FR
s. 273.2 – (194)

Removal of child from Canada
  •  (1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is

    • (a) under the age of 16 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 151 or 152 or subsection 160(3) or 173(2) in respect of that person;

    • (b) 16 years of age or more but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person; or

    • (c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155 or 159, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person.

FR
s. 273.3 – (3)
s. 273.3(1) – (0)

  • Punishment

    (2) Every person who contravenes this section is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

    • (b) an offence punishable on summary conviction.

  • 1993, c. 45, s. 3;
  • 1997, c. 18, s. 13;
  • 2008, c. 6, s. 54.
FR
s. 273.3 – (3)
s. 273.3(2) – (0)
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