R v Ewanchuk – 17 year-old lured into van at job interview. grinds against her after she says no. No implied consent for sexual assault.
R v Leclerc – Hockey setting. Vicious cross check to back of neck. Implied consent for contact necessary for contact incidental to the game.
R v Faith – Hockey fight, hits victim on right side of face wearing glove causing jaw fracture. Victim had taken ’s stick which was invitation for consensual fight.
R v Ogg-Moss – Hits developmentally handicapped adult charge with large metal spoon 5 times on forehead. Not protected by s43 because adult.
R v Duperon – Strapped 13 yo emotionally disturbed son on bare but 10 times with leather belt. To severe for s43 protection.
CFCYL v Canada (AG) – s43 does not violate that Charter.
R v Lepage – Christmas tree salesman pushes fire inspector trying to close his business. De minimis.
R v Matsuba – Teacher touches leg of grade 9 girl, shave test. De minimis. Consequence of conviction too severe.
R v Stewart – Pushes CL wife. No de minimis in the context of history of intimate violence.
Mistake of Fact
R v Pappajohn – Lunch with alcohol, then to ’s house. Victim running into street naked wearing bow tie and hands bound house later. Mistake of fact for consent doesn’t need to be reasonable. Convicted because court doesn’t believe honest mistake.
R v Sansregret - disconnects phone, threatens and ties up victim. She tries to convince him she will stay, sex. No mistake because had happened before and was told it was wrong.
R v Seaboyer – Striking down of some rape shield laws. No cross-examination on victim sexual history could prevent full defense.
R v. O’Connor – wants residential school records in sexual assault case. Crown refuses, judge forces them to hand them over.
R v. Carosela – counseling centres shred records before sexual assaults go to trial so they can’t be forced to disclose intimate details about victim.
R v JA – chokes intimate partner to unconsciousness, wakes anally penetrated with dildo and hands bound. Cannot consent while unconscious and no advanced consent allowed.
Mistake of Law
R v Docherty – s666 “willfully” violates probation order. Here sitting in care while drunk. Care and control offence conviction but not s666 because not knowing it was a crime is not “willful.”
R v Jorgensen – s163 knowingly sells obscene material. Relied on Ontario Film Board Ratings, could form officially induced error but instead find no MR because “knowingly”
R v Campbell – Chez Pierre’s naked dancing. Trial level decision had said ok. Later overruled. Conviction. No officially induced error.
Colour of Right
R v Stevenson – Peguis Chief burns down unsafe bridge on reserve, after government fails to act for years. Judge finds no honest belief.
Innu versus NATO – Occupation of runway to protest low flying planes. Goes to what is land. Colour of right available.
R v Drainville – Priest participates in three-minute roadblock. Colour of right only applies to the group, which can make the claim, not their allies.
R v Ashini – Goose Bay occupation. Honestly held belief that their ancestors never gave away their right to the land accepted. Reversed on other grounds.
R v Watson – Greenpeace fishing vessel outside of 200 mile zone toss butyric acid onto other ship. Claims CoR for Canadian law no longer applying. Fails as is found to be a mistake of law.