The Supreme Court of Canada is seen in Ottawa on Jan. 16, 2020. The court has agreed to hear a case concerning the use of protection during sex and how that relates to consent and possible deception. THE CANADIAN PRESS/Adrian Wyld

The Supreme Court of Canada is seen in Ottawa on Jan. 16, 2020. The court has agreed to hear a case concerning the use of protection during sex and how that relates to consent and possible deception. THE CANADIAN PRESS/Adrian Wyld

Top court to hear case on sexual consent and use of protection

He was charged with sexual assault but acquitted at trial

The Supreme Court of Canada has agreed to hear a case concerning the use of protection during sex and how that relates to consent and possible deception.

The complainant in the British Columbia case told Ross McKenzie Kirkpatrick that she insisted on the use of condoms during intercourse.

The pair had sex twice, and on the second occasion, unknown to the complainant, Kirkpatrick did not wear a condom.

He was charged with sexual assault but acquitted at trial.

The trial judge found there was no evidence the complainant had not consented to the sexual activity, and also no evidence Kirkpatrick had deceived the complainant into thinking he was using a condom.

However, the B.C. Court of Appeal ordered a new trial, prompting Kirkpatrick’s appeal to the Supreme Court.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Ladysmith RCMP safely escorted the black bear to the woods near Ladysmith Cemetary. (Town of Ladysmith/Facebook photo)
UPDATE: Black bear tranquillized, being relocated by conservation officers

A juvenile black bear was spotted near 2nd Avenue earlier Friday morning

A B.C. Centre for Disease Control map showing new COVID-19 cases by local health area for the week of April 25-May 1. (BCCDC image)
Vancouver Island’s COVID-19 case counts continue to trend down

Fewer than 200 active cases on the Island, down from highs of 500-plus earlier this spring

Ladysmith resident Bonnie Cook lost the use of most of her basement and her backyard after experiencing a major water leak. (Cole Schisler photo)
Drip by drip: water line leaks lead to big repair bills for Ladysmith homeowners

Nearly all reported leaks occur on old copper lines that have been bent or manipulated

Nanaimo Ladysmith Public Schools’ superintendent Scott Saywell at a May 6 press event showing off two new electric school buses. (Karl Yu/News Bulletin)
Nanaimo-Ladysmith school district shows off electric buses

New buses anticipated to reduce 17 tonnes of greenhouse gas emissions from SD68 buses

An Ater-group Airon Slug identified during YES’s Bio-Blitz. (Yellow Point Ecological Society photo)
Yellow Point Ecological Society’s Bio-Blitz a big success

The Yellow Point Ecological Society held their first-ever Bio-Blitz over the weekend… Continue reading

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
B.C. to start releasing neighbourhood-specific COVID numbers after data leak

Documents obtained by the Vancouver Sun show cases broken down by neighbourhoods

Provincial health officer Dr. Bonnie Henry and Health Minister Adrian Dix update B.C.’s COVID-19 situation at the B.C. legislature, April 29, 2021. (B.C. government)
B.C.’s COVID-19 case count creeps up, seven more deaths

445 people in hospital, 157 in intensive care

Summerland’s positive test rate is much higher than surrounding local health areas, according to internal BC CDC documents. (BC CDC)
Summerland 3rd behind Surrey, Abbotsford in daily per capita COVID-19 cases

Interior Health is rolling out additional vaccine availability to the community

Amazon is pausing its Prime Day marketing event in Canada this year amid ongoing COVID-19 outbreaks at its facilities in Ontario. THE CANADIAN PRESS/Nathan Denette
Amazon Prime Day halted in Canada due to COVID-19 outbreaks in warehouses

The event was postponed to protect the health and safety of employees and customers, the company says

Ally Thomas, 12, seen in an undated family handout photo, died on April 14 from a suspected overdose. Her family says they are frustrated more public supports weren't available when they tried to get her help. THE CANADIAN PRESS
Minister says suspected overdose death of 12-year-old pushing B.C. to ‘do better’

Minister Sheila Malcolmson of Mental Health and Addictions says the government is working ‘as hard as we can’ to build a system of care for youths

At this Highway 3 check point, police officers will be asking for identification from drivers, documentation regarding the driver’s name and address, and the purpose for the driver’s travel. (RCMP)
No fines handed out at 1st COVID-19 roadblock as checks move across B.C.

Cpl. Chris Manseau says a total of 127 vehicles were stopped at a roadblock in the Manning Park area

A spectator looks on as the Olympic Caldron is relit in downtown Vancouver, Wednesday, February 12, 2020. THE CANADIAN PRESS/Jonathan Hayward
Small majority of B.C. residents in favour of a Vancouver 2030 Olympic bid: survey

A new survey shows a split over the possibility of public money being spent to organize and host the winter games

Most Read