Mr. Speaker, we are talking specifically about the two Senate amendments that deal with sexual consent. The government's bill talks about the complainant being unconscious or incapable of consenting for any other reason. Unfortunately, “any other reason” remains rather vague and is subject to interpretation by the courts.
Senator Kim Pate's amendment talks more specifically about the notion of sexual consent, including when the person is unable to understand the risks of the sexual activity in question. This brings us to vitiated consent, for example when one partner removes the condom without the other partner's knowledge and exposes the latter to risks of bodily harm such as an unwanted pregnancy or sexually transmitted disease.
These cases are often rejected by the police. Victims who call the police are told that this does not constitute sexual assault. If the amendment had been adopted, we could clarify such cases.
I would like to hear what my colleague has to say about the fact that the military police has recently reviewed many cases of sexual assault to ensure that there was no misinterpretation by the police forces when it comes to determining whether or not certain acts constituted sexual assault.
Would we not be better off adopting the Senate amendments, which will go a long way to clarifying sexual consent, including in cases of vitiated consent?