Mr. Speaker, the problem is that the definition of “for any [other] reason” often depends on judges' interpretation. This can lead to cases like the Hutchinson case, which went all the way to the Supreme Court to determine whether the reason in question was covered by the phrase “for any [other] reason”.
Senator Pate's amendment is much more specific. For instance, it talks about the ability to understand the risks. This amendment could therefore help ensure that cases are settled in the first instance, rather than having to go all the way to the Supreme Court to determine whether a reason qualifies as “for any [other] reason”.
That is the problem. Since the law is not clear, several cases have been dropped because those involved knew that it would probably have to go to the Supreme Court to determine whether it constituted sexual assault. Senator Pate's amendment gives a much clearer definition of consent. I think this will help settle some cases at the trial level.
This will also make it easier for police officers, who are not constitutional experts, to rely on the Criminal Code to determine whether the victim they are dealing with has in fact been sexually assaulted and whether to refer the case to the director of criminal and penal prosecutions.
At this time, some police officers take it upon themselves to decide that some cases do not constitute sexual assault and choose not to take the matter any further. Thousands of cases are not even being looked into right now, and law enforcement is currently reviewing thousands of past cases to determine whether they do constitute sexual assault cases that were misinterpreted.