Font size:

Top Five 2011: R v JA

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

R v JA, 2011 SCC 28, [2011] 2 SCR 440

Can someone legally consent to sexual activity prior to the sexual activity in question? In this case, the Supreme Court of Canada was asked to determine whether a man sexually assaulted his partner after she consented to the initial rough sexual activity, but was unconscious for the sexual activity which she claimed was not consensual.  The Supreme Court held that “an individual must be conscious throughout the sexual activity in order to provide the requisite consent. Parliament requires ongoing, conscious consent to ensure that women and men are not the victims of sexual exploitation, and to ensure that individuals engaging in sexual activity are capable of asking their partners to stop at any point” [para. 3]. The full decision is available here.

Downloads

Date Produced: 2011

Resource type

Grade level

Subject area

Leave a Reply

Your email address will not be published. Required fields are marked *

Keep up-to-date with news from OJEN!

OJEN has cleaned its email list in accordance with CASL legislation. If you used to receive our publications, please enter your email address into the box below to check if you are still subscribed.

Your address was not found on our list.

You are already subscribed to OJEN’s newsletter, thank you.