The Crown appealed a decision of the Court of Appeal that had overturned the accused's conviction for sexually assaulting his stepdaughter.
The Supreme Court of Canada allowed the appeal and restored the conviction, holding that the Court of Appeal erred in requiring a victim to offer some minimal word or gesture of objection and in equating a lack of resistance with consent.
The Court found there was sufficient evidence upon which a properly instructed jury could reasonably convict.
