I thank the member for his question and for his invitation to speak in French.
What we have here, when it comes to whether consent has been given or caring about it, is the level of intent. It's something that's already found in other offences in the Canadian Criminal Code. It is a question of proof. It must be proven, in criminal terms, that the person in question knew that it was done without consent or did not care to know. That evidence can be by testimony or it can be written evidence. I suppose it will depend on the situation.
The concept of level of intent, knowledge or recklessness is not unique or novel in the Canadian Criminal Code.