What is Canada's age of consent and what are the Liberals changing?

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The Curative Proviso : When Being Wrong Doesn't Matter

Section 686(1)(b)(iii) (the “curative proviso”) of the Criminal Code permits an appellate court to uphold a conviction despite error of law committed by the trial judge where that error has not led to a substantial wrong or miscarriage of justice.  The “ curative proviso ” is to be applied only in those cases where the outcome of the trial, irrespective of the error, would necessarily have been the same. Colpitts v. The Queen , 1965 CanLII 2 (SCC), [1965] S.C.R. 739 ).  The onus of establishing that this high standard is met is on the Crown. R. v. Jolivet , 2000 SCC 29 (CanLII), [2000] 1 S.C.R. 751 ; R. v. Khan , 2001 SCC 86 (CanLII), [2001] 3 S.C.R. 823 ; R. v. Van , 2009 SCC 22 (CanLII), [2009] 1 S.C.R. 716 . The curative proviso may be applied, according to its modern interpretation, where the Crown can establish on a balance of probabilities that the legal error is harmless, in the sense that no prejudice has resulted, or that, despite any preju...
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Police Powers: Random Vehicle Stops

Random Vehicle Stops under the HTA The Highway Traffic Act of Ontario (specifically, section 216(1)) of the Act) allows a police officer to stop a motor vehicle even in the absence of a reasonable suspicion of an offence having been committed providing it is done for the purpose of general traffic regulation such as checking for a valid driver’s license and insurance, mechanical fitness of the vehicle and the sobriety of the driver. In short, there is a statutory basis for police to stop vehicles for the purpose of highway regulation and safety, even where the stops are random. Brown v. Durham , at para. 21; R. v. Ladouceur , [1990] 1 S.C.R. 1257, at p. 1288; R. v. Simpson (1993), 79 C.C.C. (3d) 482 (Ont. C.A.), at p. 492. Equivalent legislation in Canada’s other provinces provides likewise. See, for instance, section 201.1 of Newfoundland and Labrador’s Highway Traffic Act , R.S.N.L. 1990, c. H-3, and British Columbia’s Motor Vehicle Act, [RSBC 1996] Chap...
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Disclosure of Third Party Records Under the O’Connor Regime

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