Relevant Canadian Law *
* Legal information provided by the Mothers’ Aid Society of Canada does not constitute professional legal advice.
Federal Law: Supreme Court Case Law
Forced medical treatment (treatment without consent) constitutes assault.
Precedent: R. v. Webers, 1994
The motive of sexual gratification is not required for an act to constitute sexual assault.
Precedent: R. v. V. (K.B.), 1992
Sexual assault is an offense of general intent rather than specific intent.
Precedent: R. v. Chase, 1987
Federal Law: Criminal Code
A fetus does not acquire legal status as a human being until it physically exits its mother’s body.
Canadian Criminal Code R.S., c. C-34, s. 223
Assault is personal trespass.
Sexual assault is personal trespass of a sexual nature.
A weapon is any thing used, designed to be used, or intended for use in killing, injuring, threatening or intimidating any person.
Assault with a weapon or causing bodily harm is personal trespass committed using, carrying, or threatening to use a weapon.
Aggravated assault is personal trespass which causes injury amounting to wounding, maiming, disfigurement and/or life endangerment.
Aggravated sexual assault is personal trespass of a sexual nature which causes injury amounting to wounding, maiming, disfigurement and/or life endangerment.
Provincial Law
Ontario’s Health Care Consent Act states “No treatment without consent.”
This page is under development.
It was last updated April 19, 2020.