The Sixteenth Annual Straight from the Bench Conference: Case comment: R. v. G.F., 2021 SCC 20. Criminal law update: Impaired driving & Sexual Assault (changes to the Judges Act & Pre-Trial Applications) | CPDonline.ca

The Sixteenth Annual Straight from the Bench Conference: Case comment: R. v. G.F., 2021 SCC 20. Criminal law update: Impaired driving & Sexual Assault (changes to the Judges Act & Pre-Trial Applications)

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Credits
Substantive: 0.75
45 minutes
Published
2021
Presenter(s)
Carolynn V. Conron
Alayna Jay
Source
Middlesex Law Association
Provider
CPDOnline.ca
Language
English
Length
45 minutes
Price
$209.00 plus tax
Includes Handouts

Alayna Jay reviews the recent sexual assault case of R. v. G.F. She concludes that to have capacity to consent a complainant must understand four things: (i) the physical act; (ii) that the act is sexual in nature; (iii) the specific identity of their partner(s); and (iv) that they have the choice to refuse to participate in the sexual activity.  Capacity to consent is a precondition to actual consent. The idea that incapacity “vitiates” consent does not make sense. Capacity to consent and actual consent can be considered either together or separately in any order.

It’s all fun and games until you’re horny, drunk and driving. A whirlwind overview of recent developments in the areas of sexual assault and impaired driving laws.  Carolynn Conron delivered an informative presentation on new developments in these areas.

Presenters

Carolynn V. Conron

Carolynn Conron is the commander and leader of Conron Law Professional Corporation, she is passionate about ensuring no-one is unfairly stigmatized by a criminal conviction.

Carolynn obtained her Honours Bachelor of Arts at McMaster University, graduating Summa Cum Laude (highest honours), in 2006. After moving to Canada’s West Coast and earning her Juris Doctor (J.D.) from the University of British Columbia Law School in 2009, she was called as a member of the Law Society of British Columbia in 2010 and a member of the Law Society of Upper Canada in 2011. Carolynn returned to her hometown of London, Ontario and continued her studies at Western University, earning her Master of Laws (LL.M.) and successfully defending her thesis “Canada’s Marijuana Medical Access Regulations: Up In Smoke” (2012) under the supervision of Professor Robert Solomon. During this time, she also worked as a review counsel at Community Legal Services, assisting defendants who were denied Legal Aid.


Carolynn is active in the legal community, holding the positions of the London Director of the Ontario Criminal Lawyers’ Association, Vice President of the London Criminal Lawyers’ Association and is a member of the Board of Trustees of the Middlesex Law Association. She supported Diabetes Canada as an active board member for The Meal from 2016-2017, and is a regular participant in yoga at her local community centre.

Alayna Jay

Alayna Jay completed two honors undergraduate degrees at Western University in 2011. She subsequently completed a Masters of Arts degree at the Royal Military of College in Canada.  She left a doctoral programme at McGill University to join Western Law in 2017, graduated and completed her articles at a local criminal defence firm in 2020, and was called to the bar in January of 2021. She has received a number of scholarships and awards, including the Colin D. Leitch award from Western Law.  She worked on appeals and specialized prosecutions at the Crown Law Office Criminal for one summer term; since her call to the bar she has worked in criminal defence as an associate at Hardy & Associates.

Practice Areas