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.
