Reasons for Judgment — Moldaver J. (Karakatsanis, Wagner, Gascon and Côté JJ. concurring)
Moldaver J. — The sole issue before us is whether the trial judge’s failure to instruct the jury on the need to take reasonable steps to ascertain consent might reasonably be thought to have had a material bearing on the acquittal. A majority of the Alberta Court of Appeal found that it did. We agree.
Accordingly, we would dismiss the appeal.