What is consent? Legally Speaking

As per the Criminal Code of Canada, section 273.1

273.1 (1) Subject to subsection (2) and subsection 265 (3),“consent” means, for the purpose of sections 271, 22, and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.

No consent is obtained, for the purposes of sections 271, 272, and 23, where:

  • the agreement is expressed by the words or conduct of a person other than the complainant;
  • the complainant is incapable of consenting to the activity;
  • the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
  • the complainant expressed, by words or conduct, a lack of agreement to engage in the activity; or
  • the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.