I'm suggesting that if the intent of Parliament is to codify the Supreme Court of Canada's decision in Regina v. J.A., it would be better to remove the reference to unconsciousness and to amend the current paragraph (b) to read that no consent is obtained where the complainant is incapable of consenting to the activity at the time the sexual activity takes place. That covers situations in which the complainant is unconscious, but also situations in which there's an argument that advance consent has been given and the complainant is not unconscious but is incapacitated for some other reason, consumption of drugs or alcohol, or some kind of progressive intellectual disability, that they may have had consent at one time and no longer have consent.
I think it covers the reasoning in Regina v. J.A., which wasn't limited to unconsciousness. J.A. makes clear that the relevant time for assessing whether consent is present is at the time the sexual activity takes place. If you are incapable of consent, which includes unconsciousness but is lower than that, then there is no consent to sexual activity and you can't simply say consent was given at some earlier time. You need to be in a position to withdraw it.