Consent and Criminal Law in Ontario: Important Things to Know

Consent, by definition, is to give permission that is voluntary, informed, and agreed upon by an individual. It must be explicit and genuine as opposed to a mere assumption. It is an important matter in not just everyday life but also in the legal system. While people have a generic understanding of what it could mean, for the law, it does have a precise significance. Misunderstandings about that definition could stir confusion and lead to serious legal issues.

Here is a list of what you should know about Ontario law and how consent works.

What Does Consent Really Mean?

In Ontario and across Canada, consent is an agreement and enthusiastic “yes” to any form of activity, especially sexual. People cannot assume that remaining silent or not explicitly saying “no” equates to this. The law requires both individuals involved to have an active agreement while also allowing them the freedom to withdraw it at any time.

Consent Can Change

Consent is not given out and is merely forgotten over the next instance. For a particular act of consent given, it is only applied to the moment and can still be retracted at any time the person has changed their mind. The other person involved has to respect their wishes and stop everything right away.

What About Alcohol or Drugs?

Sobriety is an important factor when giving consent. A person has to be conscious and aware of the impending act for it to be valid. If they are impaired or cannot think clearly because of substances, it cannot be accepted as giving legal consent. They need to have a clear mind and understand what they are agreeing to.

Does a Relationship Make a Difference?

Regardless of whether two people are in a committed and long-term relationship, consent is still important every single time. Even in marriage, consent is not implied. Each moment and situation requires both people involved to give their agreement.

Why This Information Matters

These particular laws exist to ensure people’s rights are respected when it comes to engaging in sexual activity. That they commit to the act voluntarily and with the freedom to take it back should they change their mind. Being aware of these things will prevent issues from arising.

Looking for More Information?

If you are still confused over the legal definition of consent, it is time to do additional reading. The Criminal Code of Canada will be able to help you understand how consent is vital in legal matters. It is also helpful to have a legal expert explain these things to you.

A Toronto criminal defence lawyer will help to explain how consent applies to different situations. As well as define further your legal rights.

If you need more information or want to talk about a specific case, reaching out to a lawyer like Robb MacDonald is the best way to get clear guidance.