The appellants were charged with having sexual intercourse with a female under the age of 14, contrary to s. 146(1) of the Criminal Code.
They challenged the constitutionality of the provision, arguing it violated ss. 7 and 15 of the Charter.
The Supreme Court of Canada held that s. 146(1) violated s. 7 because it created an absolute liability offence punishable by imprisonment, denying the accused a defence of honest mistake of fact regarding the complainant's age.
The Court found this infringement was not justified under s. 1.
However, the Court held that the provision did not violate the equality rights under s. 15, as the biological realities of the offence meant it could only be committed by males.
The appeals were allowed, the offending words were struck down, and new trials were ordered.
