Thursday, December 13, 2018

Definition of Consent in Canadian Courts

Consent is a crucial factor to establish whenever the court is dealing with a sexual assault case. The Crown often prosecutes cases of sexual assault with an added degree of extra thoroughness although it goes without saying that all criminal charges are treated as a serious matter.  For this reason, you need a sexual assault lawyer in Toronto who have handled similar cases successfully when you’re charged with sexual assault.

In Canada, the individual who initiated or pursued the sexual activity should make sure that the other individual is freely participating with consent or risk getting charged with sexual assault. But what is consent? How is consent defined in Canada?

What Is Consent?

Canada’s Criminal Code defines consent as the voluntary agreement to engage in sexual activity under 273.1(1) subsection. If the complainant did not explicitly agree to engage in sexual activity with the accused, then there is no consent.

What Is Non-Consent?

Non-consent under the Criminal Code’s Section 266 is defined as the complainant not resisting or submits to the act because of the following applied to the complainant or another person:
  • ·        Application of force
  • ·        Threats
  • ·        Fear of the application of force
  • ·        fraud
  • ·        exercise of authority

Subsection 273.1(2) clarifies that no consent is applicable in the following situations as well:
  • ·        When consent was given by anyone else besides the complainant
  • ·        When the complainant is not capable of giving consent (intoxicated or unconscious)
  • ·        When the complainant was induced to participate because of accused’s abuse of authority or position of trust
  • ·        When the complainant expresses not wanting to engage in sexual activity either by behavior or words
  • ·        When the complainant expressed not wanting to continue with the sexual activity despite earlier consent given

Consent cannot also be given if the accused mistakenly believed consent was given due to intoxication, not making sure consent was given, or choosing to ignore words or signals that would signify consent wasn’t given.

Note that the age of consent in Canada is 16 years with exceptions given to 14 to 15 years old as well as 12 to 13 years old if the partner can meet several criteria. This is best discussed with a sexual assault lawyer for clarity.

Contact Calvin Barry Law if you or someone you know has been charged with sexual assault. Calvin Barry has decades of expertise as a criminal defence attorney and can help you defend your assault case successfully.

Friday, December 7, 2018

Calvin Barry Representing Victoria and Jason Small in Emotional Animal Abuse Case

Calvin Barry was recently hired to respresent Victoria and Jason Small, who have been accused of animal cruelty and abuse causing death. This case made national headlines last spring when 28 dead or abused horses were discovered on a rented farm in Stouffville, Ontario.
Calvin Barry was in court recently, where his clients did not appear.
“The Smalls are not required to appear for these hearings and it’s not unusual for accused to steer clear of what could be considered a “hostile” environment”, Barry said.
“Anytime there are cases with heated debate, with political issues and victims, emotions can be stirring outside the courtroom or parking lot.”
The Smalls have a right to due process and are presumed innocent until proven guilty, he added.
Read the full article here.

Monday, November 12, 2018

Calvin Discusses the Rohinie Bisesar Case with Alex Pierson on AM640

Calvin was interviewed on November 2nd by Alex Pierson to discuss Rohinie Bisesar. The Crown and Defence agreed that she was not criminally responsible for her actions in the Shoppers' Drug Mart stabbing in 2015.

Flashback: Calvin Barry Featured on Good Morning America Discussing Rohinie Bisesar Case

With Rohinie Bisesar being found not criminally responsible last week for the deadly Shoppers' Drug Mart stabbing, we take a look back to December of 2015 with Calvin Discussing her case on Good Morning America.

Thursday, October 18, 2018

Throwback Thursday: Calvin Barry Represents Caulking Gun Implants Woman

Marilyn Reid became infamous in 2015 when she injected industrial silicone oil into the buttocks of women with a caulking gun . With a call for a 10 to 12 year sentence, her defense lawyer Calvin Barry had a unique and difficult task ahead of him. 

Here are some articles detailing this case and the events that followed:

Do you need a defence lawyer who can present your reasons in a positive light to avoid a charge and a conviction? Calvin Barry is a Toronto criminal lawyer who can help. Contact Calvin Barry today!

Monday, October 15, 2018

Calvin Barry is President of the Alumni Board of Canada for the Delta Chi Fraternity

Calvin Barry is proud to be the president of the Alumni Board of Canada for the Delta Chi Fraternity. 

Delta Chi (ΔΧ) is an international Greek letter collegiate social fraternity formed on October 13, 1890, at Cornell University, initially as a professional fraternity for law students. On April 30, 1922, Delta Chi became a general membership social fraternity, eliminating the requirement for men to be studying law, and opening membership to all areas of study. Delta Chi became one of the first international fraternities to abolish "hell week", when it did so on April 22, 1929. Delta Chi is a charter member of the North-American Interfraternity Conference (NIC). As of Fall 2016, Delta Chi has initiated over 113,000 members at over 120 Chapters and Colonies, with 29 Alumni Chapters. Its headquarters is in Iowa City, Iowa.

To learn more, please visit

Thursday, October 11, 2018

Throwback Thursday: Calvin Represents the 'Spice man'!

When Naveen Polapady threw Indian spices in the face of an alleged car thief, he became an instant social media hero in Toronto. 

With Calvin Barry as his lawyer, here are some articles detailing the incident and the events that followed:

Need the services of Toronto's best DUI lawyer? A DUI conviction can mean a stain on your record that can affect what jobs you can take, where you can buy or rent a home, how much insurance you’ll have to pay, and more. You need to ensure that you don’t hurt your chances of getting a DUI pardon as soon as possible and that you have a DUI lawyer that can mitigate your charges. Calvin Barry is a Criminal Lawyer in Toronto that can help with this. Contact Calvin Barry Law today!