Sentences with phrase «activity in question»

It has dealt with consent in a way that makes it clear that ongoing, conscious and present consent to «the sexual activity in question» is required.

Changing the 2011 legislation could pose an unexpected problem for SUNY, lengthening the process for equipment and construction purchases, a process SUNY says is «completely unrelated» to the economic development activities in question as a result of the charges against Kaloyeros.

But assuming these responses reflect the feelings of voters nationwide, they contradict a basic notion of modern Republican ideology: More government is almost always bad, especially if the government activity in question looks anything like picking winners and losers.

At the proffer stage, parties seeking leniency or immunity provide the Competition Bureau with information regarding the illegal activities in question.

All justices at the Ontario Court of Appeal agreed that the evidence could not support the trial judge's finding that the complainant had not consented in fact to the sexual activity in question on a standard of proof beyond a reasonable doubt.

Focusing on each individual transmission loses sight of the true character of the communication activity in question and makes copyright protection dependant on technicalities of the alleged infringer's chosen method of operation.

1 L'Heureux - Dubé J. — This appeal must determine whether the accused's misrepresentation as to his HIV - positive status can nullify the complainants» apparent consent to sexual intercourse so as to bring the sexual activity in question within the scope of the Criminal Code offence of aggravated assault.

The issue of engagement was to be determined by these factors, the particular activity in question and all the circumstances in which it was sought to practise it (para 102).

Instead the court was of the view that whenever the sporting activity in question constitutes an economic activity, then it falls within the scope of the EC Treaty, which in turn means that «the conditions for engaging in it are... subject to all the obligations which result from the various provisions of the Treaty».

However, judgment of what the victim did before the assault or rape took place puts the responsibility of the offender's actions with the victim, which takes the focus off whether they consented to the sexual activity in question.

It is simply the wrong level of description for the activity in question.

A sexual ethic also requires communication — communication not only about consent to the activity in question, but communication about each partner's wants and desires and views about sexual activity.

The first is whether the activities in question are genuinely the person's, so that the choices between options are not forced by circumstances but rather constitute the person's own decision - making.

You can simply determine for yourself whether the activity in question has the same drawbacks — because, ultimately, that's what you really care about.

273.1 (1) Subject to subsection (2) and subsection 265 (3), consent means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.

You can simply print copies and have customers sign before they participate in the activity in question.

The Court of Appeal determined that an important aspect of the inquiry in circumstances where the activity in question has both sovereign and commercial attributes is to ask which is the more substantial.

Andrew Underwood, head of large loss at Keoghs, who acted for the Perrys says: «The appeal court stressed that the level of supervision to be expected of parents must match the level of risk associated with the activity in question.

Second, consent must be assessed in relation to the activity in question at the time of the activity (at para. 24, citing Ewanchuk at para. 26).

Justice Fish mentioned several times that the complainant had in fact consented to the sexual activity in question and had not revoked her consent (see e.g. paras. 97, 104, 108, 112).

Applying these principles to the case at hand, the majority noted that there was uncontradicted evidence at trial which established the incapacity of the complainant to consent to the sexual activity in question.

First, on the argument that advance consent equates to actual consent since the complainant can not change her mind once unconscious, McLachlin C.J. noted that this argument is contrary to Ewanchuk «s holding that consent must be assessed contemporaneously with the sexual activity in question, and it «effectively negate [s] the right of the complainant to change her mind at any point in the sexual encounter» (at para. 53).

For example, the proper focus of s. 273.1 was said to be on the sexual activity in question, which suggested that «the consent of the complainant must be specifically directed to each and every sexual act, negating the argument that broad advance consent is what Parliament had in mind» (at para. 34).

Fourth, just as there is no defence of implied consent, there is no defence of prior consent to sexual activity — consent must be assessed at the time of the activity in question.

For Justice Conrad, consent need not be contemporaneous with the sexual activity in question, provided the complainant had agreed to the particular activity, even if it was to occur while she was unconscious, and had not withdrawn consent (at paras. 67, 70).

At trial, K.D. recanted her testimony that she had not consented to the sexual activity in question, and was treated as a hostile witness.

The majority of the Nova Scotia Court of Appeal, per MacDonald C.J.N.S., upheld the conviction on the basis that condom protection was an essential feature of the sexual activity, and therefore the complainant did not consent to the «sexual activity in question».

Often times if someone engages in a very risky activity the insurance company will write an exception, or «rider» into the policy excluding death from the activity in question from resulting in a claim payout.