The Crown appealed a trial judge's decision to stay proceedings against the respondent for sexual assault and sexual touching.
The trial judge had found that s. 150.1 of the Criminal Code infringed s. 7 of the Charter because the respondent lacked mens rea, having mistakenly believed the age of consent was lower than 15.
The Superior Court of Justice allowed the appeal, holding that s. 150.1 does not create absolute liability and does not infringe s. 7.
The court found the trial judge erred by treating sexual assault as a specific intent offence and by improperly granting a constitutional exemption under s. 24(1) of the Charter.
The stay was set aside and the matter remitted for sentencing.
