Mr. Speaker, in my opinion, the issue with respect to section 176 was just an oversight. It was a mistake that was quickly rectified by the committee. I think we are all glad that it was. This underlines how important committee work is in fixing bills.
I want to move to the Senate amendments. Part of the issue that the Senate had with this bill was not so much with the definition of “consent”, but more with the definition of when no consent is obtained. I am thinking of a victim who is intoxicated voluntarily. We are unsure as to whether consent can be obtained. I am thinking of the Rehtaeh Parsons case. Rehtaeh Parsons was sexually assaulted while intoxicated, and the court acquitted the people who were charged.
The Senate is attempting to really add in more specific language to the Criminal Code so that we do not have judicial discretion. It is so that “no consent” is clearly laid out such that people have to be able to understand the nature, circumstances and risks and that they have a choice. They have to be able to “affirmatively express agreement to the sexual activity”.
Could my colleague comment on those specific amendments the Senate is trying to make on this bill, and whether she agrees with the spirit and intent of the amendments?