R. v. M. (M.L.)

Lamer C.J. ‑‑ The appeal is allowed, the order of the Court of Appeal is set aside and the conviction is restored. Mr. Justice Sopinka will give the reasons of the Court.

Sopinka J. ‑‑ The Court of Appeal allowed the appeal from conviction on the ground that the decision of the trial judge was unreasonable and could not be supported by the evidence. In our opinion, taking into account all of the circumstances including the evidence of the complainant which was accepted by the trial judge, we are of the view that there was evidence upon which a jury, properly instructed and acting judicially, could reasonably convict. The trial judge was in the same position. The majority of the Court of Appeal was in error in holding that a victim is required to offer some minimal word or gesture of objection and that lack of resistance must be equated with consent.