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N.S. court sets out test to assess capacity for consent in quashing sexual-assault acquittal

Tuesday, February 13, 2018 @ 11:15 AM | By Christopher Guly

Canadian women who have drawn strength from the #MeToo movement to report incidents of sexual misconduct might feel further emboldened by a recent unanimous Nova Scotia Court of Appeal decision that overturned an acquittal in a sexual assault trial.

In R. v. Al-Rawi 2018 NSCA 10, a three-justice panel of the province’s appellate court ruled that provincial court Judge Gregory Lenehan erred in law when he handed down a not-guilty verdict to Halifax taxi driver Bassam Al-Rawi last March after finding that there was no evidence of...