Canada
The Tackling Violent Crime Act took effect on 1 May 2008, raising the age of consent to 16 from 14.
There exist two close in age exemptions, depending on the age of the younger partner. A youth of twelve or thirteen can consent to sexual activity with an individual less than two years older than they. A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is less than five years older than they.
Criminal law (including the definition of the age of consent) is in the exclusive jurisdiction of the federal government, so the age of consent is uniform throughout Canada. Section 151 of the Criminal Code of Canada makes it a crime to touch, for a sexual purpose, any person under the age of 16 years. Section 153 then goes on to prohibit the sexual touching of a person under 18 by a person in three circumstances: if he or she is in a "position of trust or authority" towards the youth, if the youth is in a "relationship of dependency" with him or her, or if the relationship is "exploitative". The term "position of trust or authority" is not defined in the Code but the courts have ruled that parents, teachers, and medical professionals hold a position of trust or authority towards youth they care for or teach. For determining whether or not a relationship is "exploitative", s. 153 (1.2) of the Code provides that a judge can consider how old the youth is, the difference in ages between the partners, how the relationship evolved, and the degree of control or influence that the older partner has over the youth.
The "position of trust under 18" anti-exploitation rules were expanded in 2005 by Bill C-2 where a judge may choose to term a situation to be sexual exploitation based on the age of the younger party, age difference, evolution of the relationship (how it developed, e.g.: quickly and secretly over the Internet), the control or influence over the young person (degree of control or influence the other person had over the young person). This passed before the 2008 amendments, and they were not repealed so they are still in effect and can apply towards adults in these situations with young persons over the age of consent and under 18 (16-17).
Where an accused is charged with an offence under s. 151 (Sexual Interference), s. 152 (Invitation to sexual touching), s. 153(1) (Sexual exploitation), s. 160(3) (Bestiality in presence of or by child), or s. 173(2) (Indecent acts), or is charged with an offence under s. 271 (Sexual assault), s. 272 (Sexual assault with a weapon, threats to a third party, or causing bodily harm), or s. 273 (Aggravated sexual assault) in respect of a complainant under the age of fourteen years, it is not a defense that the complainant consented to the activity that forms the subject-matter of the charge.
Read more about this topic: Ages Of Consent In North America
Famous quotes containing the word canada:
“Though the words Canada East on the map stretch over many rivers and lakes and unexplored wildernesses, the actual Canada, which might be the colored portion of the map, is but a little clearing on the banks of the river, which one of those syllables would more than cover.”
—Henry David Thoreau (1817–1862)
“Canadians look down on the United States and consider it Hell. They are right to do so. Canada is to the United States what, in Dante’s scheme, Limbo is to Hell.”
—Irving Layton (b. 1912)
“I do not consider divorce an evil by any means. It is just as much a refuge for women married to brutal men as Canada was to the slaves of brutal masters.”
—Susan B. Anthony (1820–1906)