Leave decision in R v Kirkpatrick to be released on Thursday, a case on whether condom use is part of the sexual act (a question seemingly already decided in Hutchinson). @LiseGot and @igrantubc recently published an article on the BCCA decision https://digitalcommons.schulichlaw.dal.ca/dlj/vol43/iss2/1/ https://twitter.com/SCC_eng/status/1353698331353079809
Would like to see leave granted on this one. The majority's reasoning is a pretty significant expansion of Hutchinson. The case also raises interesting questions on the scope of fraud vitiating consent. Would be nice to get some SCC guidance on these issue.
The BCCA majority's rule also may have implications beyond criminal law. On my reading, Kirkpatrick poses issues for the reasoning in PP v. DD, 2017 ONCA 180, a tort claim by a man against a former sexual partner, after she lied about birth control and had a baby.
As expected/hoped, SCC grants leave in R. v. Kirkpatrick (no other leave grants for the week): https://twitter.com/SCC_eng/status/1354803016084332546
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