Canada’s Supreme Court Enters the Bedroom – Precedent setting case clouds consent – May 28, 2011 – Cornwall Ontario

Canada’s Supreme Court Enters the Bedroom – Precedent setting case clouds consent – May 28, 2011 – Cornwall Ontario

Cornwall ON – The Supreme court has entered the Canadian boudoir and ruled on  the type of case that you generally don’t see at the Supreme Court of Canada…or any country.

The ruling determines that you can’t have sex without consent which is an easy one to understand, but it’s where the courts are going with their definition of consent and conditions which most times simply are not able to truly be proven.

In this particular case a women agreed to be choked unconscious as part of consensual sex play, but was apparently upset that she woke up with a foreign object in her bum.   She protested and filed charges against her partner, someone that she apparently had an long term off and on relationship.

LINK

In a dissenting opinion, Justice Morris Fish suggested that McLachlin’s approach goes beyond what Parliament intended.

“Notably, it would criminalize kissing or caressing a sleeping partner, however gently and affectionately,” Fish wrote. “Prior consent, or even an explicit request — ‘kiss me before you leave for work’ — would not spare the accused from conviction.”

In a perfect world we know that everyone tells the truth all the time.  Unfortunately none of us live in a perfect world and as most of us have experienced at one point of our lives, break ups and arguments can sometimes change perspectives.

I bet this creates a whole new market for date consent forms with lots of check off boxes that both parties would have to sign off on during the evening……

What do you think my fellow Canadians?  You can post your comments below.

KAV Productions

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