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R. v. Flaviano

2014 SCC 14 [2014] 1 SCR 270 Court SCC Decision date 2014-02-17 Docket 35488 English

PartiesVittorio Thomas Flaviano Appellant·Her Majesty The Queen Respondent

Counsel (2)
Solicitors for the appellant: Ross, Hepner, Calgary.
Solicitor for the respondent: Attorney General of Alberta, Calgary.

Judges LeBel, Louis; Cromwell, Thomas Albert; Moldaver, Michael J.; Karakatsanis, Andromache; Wagner, Richard

Delivered by Moldaver J.

On appeal from Alberta

Subjects Criminal law

Contents

Moldaver J.

Moldaver J. — We agree with the conclusion of the Court of Appeal. In particular, taking the record at its highest for the appellant, there was no evidence that the appellant took any reasonable steps to ascertain whether the complainant was consenting to sexual relations following her initial rejection of the appellant’s sexual advances. With respect, the trial judge erred in law in finding that there was some evidence that he had taken reasonable steps as required by s. 273.2 (b) of the Criminal Code , R.S.C. 1985, c. C-46 .
Accordingly, the appeal is dismissed.

Statutes and regulations cited