curative powers

Incapacity Precludes - not Vitiates - Consent in R. v. G.F.

Content Warning: Sexual assault and intoxication The Supreme Court of Canada (“SCC”) has clarified that capacity is a precondition for consent in sexual assault offences in R v G.F., 2021 SCC 20 [G.F.]. As the two are “inextricably joined,” the majority ruled that trial judges are not required to consider the two issues in any […]

R v Sipos: When to Exercise Curative Powers

In R v Sipos, 2014 SCC 47 [Sipos], the Supreme Court of Canada ("SCC") unanimously concluded that the new evidence presented by James Peter Sipos to the Ontario Court of Appeal ("ONCA") did not place the appeal “in that exceptional category in which the evidence is sufficiently compelling that it demands appellate intervention” (Sipos, para […]