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

Get used to visiting Whitewater Ski Resort during the summer. It’s adding off-season programming thanks to a provincial grant. File photo
Province grants Whitewater $1m for summer rec plans

The ski resort will expand its mountain biking, hiking and climbing options

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
Interior Health reports 16 new COVID-19 cases

423 cases remain active in the region

The incident happened in downtown Castlegar. Photo: Betsy Kline
Castlegar teen recounts stabbing after stranger breaks into grandmother’s house

The unnamed teen survived a terrifying attack Feb. 21

School District 8 is considering moving some programs out of Central School to make more room. Photo: Tyler Harper
SD8 considers moving Wildflower classes, REACH program out of Central School

The district says the building is set to operate over capacity in the fall

A emergency response team assisted the RCMP in apprehending a woman in Kaslo who was barricaded in her house on March 1. File photo
RCMP apprehend woman barricaded in Kaslo house

The woman had been writing threatening messages about taking hostages, police say

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

COVID-19 vaccines were available at a site on East Pender in Vancouver’s Downtown Eastside Feb. 25. (Twitter/Sarahblyth17)
Vancouver’s Downtown Eastside residents offered $5 after getting COVID-19 vaccine

It’s an effort to ‘incentivize people to engage,’ says B.C. Health Minister Adrian Dix

</p>
A survey by Statistics Canada finds Black Canadians earn less than non-visible minority Canadians despite having higher levels of education. (The Canadian Press file photo)
COVID-19 worsened unemployment picture for Black Canadians

Black Canadians also more likely to suffer other hardships

On June 23, 2020, Sunrise Rotary announced it will be donating $50,000 in support of the Bridge Youth and Family Services for the construction of the “Okanagan Youth Recovery House” project for young people under the age of 19 who are experiencing addiction. (Contributed)
Interior Health adds 10 youth substance-use treatment beds in the Okanagan

The Bridge Youth and Family Services will operate the beds

(Black Press Media files)
B.C. teacher transferred then suspended after students report feeling ‘scared, nervous’

Authorities found that teacher did not create inviting, respectful environment for students

Victoria’s Swartz Bay terminal. (Black Press Media file photo)
BC Ferries offers cheaper, prepaid fare options

Ferry service preparing for busy terminals when travel restrictions are lifted

FILE - Dolly Parton arrives at the 61st annual Grammy Awards on Feb. 10, 2019, in Los Angeles. The Grammy-winning singer, actor and humanitarian posted a video on Tuesday, March 2, 2021, of her singing just before getting her COVID-19 vaccine shot. Parton donated $1 million to Vanderbilt University Medical Center in Nashville, Tennessee for coronavirus research. (Photo by Jordan Strauss/Invision/AP, File)
‘Vaccine, vaccine’: Dolly sings ‘Jolene’ rewrite before shot

The Grammy-winning legend turned 75 this year

Deputy Prime Minister and Minister of Finance Chrystia Freeland speaks about the Fiscal update during a news conference in Ottawa, Monday November 30, 2020. THE CANADIAN PRESS/Adrian Wyld
COVID-19: Wage and rent subsidies, lockdown support to be extended until June

Chrystia Freeland says now is not time to lower levels of support

Most Read