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Justice committee  I think the question for Parliament is not whether this will add more delay, but whether this is the right step to take to advance our objectives and to further justice. To the extent that more resources are required, it's incumbent on all the actors in the criminal justice syste

October 25th, 2017Committee meeting

Prof. Carissima Mathen

Justice committee  Certainly. Of course, the law as stated has always said that incapacity in itself impairs one's ability to consent in law. The current expansion would, in a sense, separate that to a specific mention of unconsciousness, and then the complainant is incapable of consenting for any

October 25th, 2017Committee meeting

Prof. Carissima Mathen

Justice committee  I don't believe it would. I don't believe that would be consistent with the charter, to simply remove the ability to argue mistake of fact about whether there was consent. It's important to note that mistaken belief in consent is something that is only considered in the crimina

October 25th, 2017Committee meeting

Prof. Carissima Mathen

Justice committee  It does. It adds certainty. It adds notice. It ensures consistency between the Criminal Code and the common law. I would just point out that, of course, statute is superior to common law, and whereas common law can be revisited on a much lower threshold, statute is accorded a hig

October 25th, 2017Committee meeting

Prof. Carissima Mathen

Justice committee  Thank you. In recent months, there has been a great deal of debate over Canada's sexual assault laws. Dramatic events have provoked calls for the law to be completely overhauled. While understandable, such calls are overstated. In fact, Canada has one of the most progressive sex

October 25th, 2017Committee meeting

Prof. Carissima Mathen

Justice committee  Thank you.

October 25th, 2017Committee meeting

Professor Carissima Mathen