Criminal Code

Marginal note:Meaning of consent

• 273.1 (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.

• Marginal note:Consent

  (1.1) Consent must be present at the time the sexual activity in question takes place.

• Marginal note:Question of law

  (1.2) The question of whether no consent is obtained under subsection 265(3) or subsection (2) or (3) is a question of law.

• Marginal note:No consent obtained

  (2) For the purpose of subsection (1), no consent is obtained if

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

  • (a.1) the complainant is unconscious;

  • (b) the complainant is incapable of consenting to the activity for any reason other than the one referred to in paragraph (a.1);

  • (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.

• Marginal note:Subsection (2) not limiting

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