Episode 164 of Not on Record delves into the complexities of consent in law, addressing a listener's question about recording consent for protection. The hosts clarify that consent isn't as simple as "yes means yes, no means no," and discuss factors that can negate consent. Referencing the seminal case of R v. Ewanchuk, they highlight that consent must be communicated at the time of each sexual act and is subjective to the complainant's state of mind. The discussion touches on the burden of proof in sexual assault cases, the role of the accused's belief in consent, and the ongoing debate around enthusiastic consent. They also examine the JC case, where a judge's disbelief in the accused's account of actively seeking consent at every stage led to a conviction, later overturned due to the judge's flawed assumptions about human behaviour.
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Joseph, Michael and Diana discuss the meaty legal breakdown of His Majesty the King v. J.W., 2025 ONCA 637. They unpack how the Ontario Court of Appeal treats myths and stereotypes in sexual-assault cases, especially delay in reporting and continued association, what’s permissible to argue, and how to ground inferences without crossing into prohibited reasoning. Expect a practical tour of jury charges, prior consistent statements (and their limits), strategic tips for defence counsel, and why careful, collaborative charge-crafting matters on appeal.
R. v. J.W., 2025 ONCA 637 - https://canlii.ca/t/kfdtw
Sponsored by EasyDNS https://easydns.com/NotOnRecord Joseph, Michael and Diana discuss the meaty legal breakdown of His Majesty the King v. J.W., 2025 ONCA 637. They unpack how the Ontario Court of Appeal treats myths and stereotypes in sexual-assault cases, especially delay in reporting and continued association, what’s permissible to argue, and how to ground inferences without crossing into prohibited reasoning. Expect a practical tour of jury charges, prior consistent statements (and their limits), strategic tips for defence counsel, and why careful, collaborative charge-crafting matters on appeal. R. v. J.W., 2025 ONCA 637 - https://canlii.ca/t/kfdtw 🔹Short Description: 🏒Pop culture to case law: Episode 185 breaks down ONCA 2025 J.W. delay in reporting, continued association, jury instructions, and prior consistent statements. ⚖📢🎙 📝Meta Description: Discover Episode 185 of Not On Record: We dissect ONCA’s 2025 J.W. decision—myths/stereotypes, timing of ...
