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The Court clearly stated that there is no defence of implied consent in Canadian law. And the judgment emphasized that, to be legally effective, consent needed to be freely given. As a result, the Supreme Court allowed the Crowns appeal, and convicted Mr. Ewanchuk of sexual assault.
Canadas age of consent The age of consent to sexual activity is 16 years. In some cases, the age of consent is higher (for example, when there is a relationship of trust, authority or dependency). In other words, a person must be at least 16 years old to be able to legally agree to sexual activity.
When someone is 16 years old they are able to consent to sexual activity with a person who is 14 or older. The only exception would be when the older person is in a position of power, trust, or authority (see Sexual Exploitation Laws for detail).
R v Cuerrier was a 1998 decision by the Supreme Court of Canada, which ruled that knowingly exposing a sexual partner to HIV constitutes a prosecutable crime (aggravated assault) under Canadian law. Crown appeal allowed, new trial ordered.