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Tallcree First Nation v Rath & Company, 2025 ABCA 360
R v Hermkens, 2025 ABCA 358
R. v. Rioux, 2025 SCC 34
Date: November 7, 2025
On Appeal from the Court of Appeal for Quebec
Criminal law — Sexual assault — Elements of offence — Actus reus —Consent — Capacity to consent — Evidence — Assessment — Direct evidence — Circumstantial evidence — Accused charged with sexual assault — Accused testifying that complainant consented to sexual activity — Complainant testifying that she lacked full memory of sexual activity that took place after she consumed alcohol — Trial judge acquitting accused — Court of Appeal setting aside acquittal and ordering new trial — Whether trial judge applied correct legal and evidentiary principles when determining whether Crown had established that complainant did not consent or did not have capacity to consent to sexual activity — Criminal Code, R.S.C. 1985, c. C-46, s. 273.1.
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