Jean Petit

The appellant appealed his conviction for sexual assault, which was substituted by the Court of Appeal after setting aside his acquittal.

The Supreme Court of Canada dismissed the appeal as of right, agreeing with the Court of Appeal that the trial judge erred in finding the victim gave valid consent while under the effect of drugs consumed unknowingly.

The Court added that the defence of honest but mistaken belief in consent was inapplicable because the appellant had not taken reasonable steps to ascertain that the victim was consenting.

The Crown appealed a decision of the Quebec Court of Appeal which had ordered a stay of proceedings due to the omission of a formal accusation on both the first trial and the second trial.

The Supreme Court of Canada allowed the appeal, adopting the dissenting reasons of Brossard J.A. The Court held that the procedural errors were irregularities covered by s. 686(1)(b)(iv) of the Criminal Code, and restored the guilty verdict entered by the trial judge.