On the issue of mistaken belief in consent, yes, I think the proposed revisions are entirely accurate and a fair codification of what the Supreme Court of Canada said in that case.
The piece that's missing is that the court in Ewanchuk also defined for the purposes of the actus reus and not the mental element that's at issue in mistaken belief in consent, that idea that non-consent means that the complainant in her own mind did not want the sexual touching to take place. That's what the crown has to prove beyond a reasonable doubt and that's where most sexual assault prosecutions of adults, in relation to adult complainants, fail because there are concerns about the credibility of the complainant and that assertion about her state of mind at the time.
It's interesting to me that while the code defines consent, it doesn't define non-consent. We've never codified that statement in Ewanchuk that non-consent for the purposes of sections 271, 272, 273 means that the complainant in her own mind did not want the sexual touching to take place. It's there in the case law; judges are applying that standard. Some of the issues simply relate to the way that we allow complainants to be cross-examined on what I think are lingering myths and stereotypes about what non-consent actually looks like. I just noted that that actually isn't reflected in the Criminal Code. Interestingly, it's the one part of Ewanchuk and arguably the most commonly applied, and it's not reflected.