R. v. Codina, 2020 ONCA 848
[100] The meaning to be given to words in a statute is a question of law. For example, the meaning of the word "consent" in the Criminal Code is a question of law. A mistake by an accused as to the meaning of consent is no defence to a charge of assault: see R. v. Barton, [2019] S.C.J. No. 33, 2019 SCC 33, at paras. 95-97; see also R. v. MacDonald, 2014 SCC 3 (CanLII), [2014] 1 S.C.R. 37, [2014] S.C.J. No. 3, at paras. 54-61; R. v. Zora, [2020] S.C.J. No. 14, 2020 SCC 14, at para. 114. The appellant purported to advance a mistake of law defence.
Aucun commentaire:
Publier un commentaire