FSC101 Exam Review Questions and Answers 100% Pass
When assessing purported inconsistencies in a child's evidence, the trier of fact should
consider whether they are peripheral matters or matters that go to the core of the allegations
R. v. Ewanchuk, [1999] 1 S.C.R. 330: Proof of Actus Reus Correct Ans-1. Touching;
[objective]
2. The sexual nature of the contact; [objective] and
3. The absence of consent [subjective]
Quote from R. v. Ewanchuk, [1999] 1 S.C.R. 330 at para. 24.:
- To prove the actus reus of the offence of sexual assault, all three of the above criteria from
R. v. Ewanchuk must be present!
R. v. Barton, 2019 SCC 33 Correct Ans--Accused charged with first degree murder in death
of Indigenous sex worker
- Accused testifying at trial about previous sexual activity with deceased without having
applied to adduce such evidence
Accused charged with first degree murder in death of Indigenous sex worker - Accused
testifying at trial about previous sexual activity with deceased without having applied to
adduce such evidence
-Use of Criminal Code , R.S . C . 1 9 8 5 c . C ‑ 4 6 , s . 2 7 6 - Consent must be " informed ,
communication consent "
,FSC101 Exam Review Questions and Answers 100% Pass
- Agreement to the act itself
- Agreement to engaging in the act with particular person
R.v. Arcand, 2010 ABCA 363 Correct Ans-The court held that non-consensual sexual
intercourse under any circumstances constituted a profound violation of a person's dignity,
equality, security of person
- If victim = unconscious, the offender KNOWS that the victim is not consenting.
- Reveals an enhanced degree of calculation and deliberateness by the offender
- Adds to the high level of moral blameworthiness for the illegal conduct
- The offender KNOWS the victim is at their most vulnerable and is unable to defend
themselves or call for help from others
R. V. WAGAR (2014 - ALBERTA) Correct Ans-- Allegation: homeless 29-year-old accused of
sexually assaulting a homeless 19-year-old indigenous woman in a bathroom.
- Various problems and reliance on stereotypes:
- Trial judge repeatedly referred to the complainant as the accused
- Trial judge remarked, "sex and
pain sometimes go together"
- Justice Camp asked the
complainant, "why couldn't you
just keep your knees together?"
- Trial judge acquitted. (&& Justice
,FSC101 Exam Review Questions and Answers 100% Pass
Camp had been promoted sometime after the trial to the federal court.
- ABCA: trial judge relied on outdated stereotypes. Acquittal quashed. New trial ordered.
- 2017: after the disciplinary body of Canadian judges recommended removal, Camp resigned
hours later
R v Seaboyer [1991] 2 SCR 577 Correct Ans-- The twin myths are not permitted to enter the
trial process because:
- Not relevant
- Can severely distort the trial
process twin-myth reasoning masquerading as
"context" or "narrative" does not
ambush the proceedings.
THE CREDIBILITY ASSESSMENT: R. v. W.(D.), [1991] 1 S.C.R. 742 Correct Ans-- Credibility =
Believability
- Common sense perspective not
based on outdated stereotypes
- Reliability = Accuracy
, FSC101 Exam Review Questions and Answers 100% Pass
- Trier of fact can believe all, some, or none of the evidence
- Justice Cory of the SCC set out the following three branches of assessing credibility at trial:
1. If you believe the accused, you must acquit
2. If you do not believe the accused's testimony but you are left in reasonable doubt by it, you
must acquit
3. Even if you are not left in doubt by the evidence of the accused, you must ask yourself
whether, on the basis of the evidence you do accept, you are convinced beyond a reasonable
doubt by that evidence of the accused's guilt.
- DNA technology was in its early years when R. v. W.(D.) was decided. With the rise of DNA
technology, there was a shift in defence arguments from the "sexual act never happened" to
the "sexual act was consensual".
R. v. Parent (1988) Correct Ans-- first case in Canada in which the court relied on DNA
evidence
- Introduced by Crown to exclude the accused as the perpetrator of a string of sexual assaults
R. v. McNally (1989) Correct Ans-- first Canadian case in which:
1. DNA evidence was used to implicate an
accused; and
2. the admissibility of DNA evidence was
When assessing purported inconsistencies in a child's evidence, the trier of fact should
consider whether they are peripheral matters or matters that go to the core of the allegations
R. v. Ewanchuk, [1999] 1 S.C.R. 330: Proof of Actus Reus Correct Ans-1. Touching;
[objective]
2. The sexual nature of the contact; [objective] and
3. The absence of consent [subjective]
Quote from R. v. Ewanchuk, [1999] 1 S.C.R. 330 at para. 24.:
- To prove the actus reus of the offence of sexual assault, all three of the above criteria from
R. v. Ewanchuk must be present!
R. v. Barton, 2019 SCC 33 Correct Ans--Accused charged with first degree murder in death
of Indigenous sex worker
- Accused testifying at trial about previous sexual activity with deceased without having
applied to adduce such evidence
Accused charged with first degree murder in death of Indigenous sex worker - Accused
testifying at trial about previous sexual activity with deceased without having applied to
adduce such evidence
-Use of Criminal Code , R.S . C . 1 9 8 5 c . C ‑ 4 6 , s . 2 7 6 - Consent must be " informed ,
communication consent "
,FSC101 Exam Review Questions and Answers 100% Pass
- Agreement to the act itself
- Agreement to engaging in the act with particular person
R.v. Arcand, 2010 ABCA 363 Correct Ans-The court held that non-consensual sexual
intercourse under any circumstances constituted a profound violation of a person's dignity,
equality, security of person
- If victim = unconscious, the offender KNOWS that the victim is not consenting.
- Reveals an enhanced degree of calculation and deliberateness by the offender
- Adds to the high level of moral blameworthiness for the illegal conduct
- The offender KNOWS the victim is at their most vulnerable and is unable to defend
themselves or call for help from others
R. V. WAGAR (2014 - ALBERTA) Correct Ans-- Allegation: homeless 29-year-old accused of
sexually assaulting a homeless 19-year-old indigenous woman in a bathroom.
- Various problems and reliance on stereotypes:
- Trial judge repeatedly referred to the complainant as the accused
- Trial judge remarked, "sex and
pain sometimes go together"
- Justice Camp asked the
complainant, "why couldn't you
just keep your knees together?"
- Trial judge acquitted. (&& Justice
,FSC101 Exam Review Questions and Answers 100% Pass
Camp had been promoted sometime after the trial to the federal court.
- ABCA: trial judge relied on outdated stereotypes. Acquittal quashed. New trial ordered.
- 2017: after the disciplinary body of Canadian judges recommended removal, Camp resigned
hours later
R v Seaboyer [1991] 2 SCR 577 Correct Ans-- The twin myths are not permitted to enter the
trial process because:
- Not relevant
- Can severely distort the trial
process twin-myth reasoning masquerading as
"context" or "narrative" does not
ambush the proceedings.
THE CREDIBILITY ASSESSMENT: R. v. W.(D.), [1991] 1 S.C.R. 742 Correct Ans-- Credibility =
Believability
- Common sense perspective not
based on outdated stereotypes
- Reliability = Accuracy
, FSC101 Exam Review Questions and Answers 100% Pass
- Trier of fact can believe all, some, or none of the evidence
- Justice Cory of the SCC set out the following three branches of assessing credibility at trial:
1. If you believe the accused, you must acquit
2. If you do not believe the accused's testimony but you are left in reasonable doubt by it, you
must acquit
3. Even if you are not left in doubt by the evidence of the accused, you must ask yourself
whether, on the basis of the evidence you do accept, you are convinced beyond a reasonable
doubt by that evidence of the accused's guilt.
- DNA technology was in its early years when R. v. W.(D.) was decided. With the rise of DNA
technology, there was a shift in defence arguments from the "sexual act never happened" to
the "sexual act was consensual".
R. v. Parent (1988) Correct Ans-- first case in Canada in which the court relied on DNA
evidence
- Introduced by Crown to exclude the accused as the perpetrator of a string of sexual assaults
R. v. McNally (1989) Correct Ans-- first Canadian case in which:
1. DNA evidence was used to implicate an
accused; and
2. the admissibility of DNA evidence was
