R. v. Kishayinew2020 SCC 34 (38962) 
Moldaver J.: “A majority of the Court is of the view that, when read in context, the trial judge’s reasons make it clear that he was satisfied, beyond a reasonable doubt, that the complainant did not subjectively consent to any sexual activity with Mr. Kishayinew. On this point, we are in agreement with the reasons of Justice Tholl in dissent, at paras. 52-78 of his judgment. The trial judge correctly recognized that, as a result of the complainant’s memory blackouts, the only evidence available on the issue of subjective consent was the circumstantial evidence — that the complainant was crying and disoriented, that she did not want to go with Mr. Kishayinew, that she did not consent to his attempts to kiss or touch her, that she attempted to leave the house several times, and that, upon recovering from her blackout, she felt frightened, “weird down below”, and wanted to escape. In our view, as the trial judge’s reasons at paras. 94, 96 and 97 (2017 SKQB 177 (CanLII)) make apparent, this evidence reasonably permits only one inference: that the complainant did not consent to any touching from Mr. Kishayinew. This finding is sufficient to support the conviction for sexual assault. Justice Côté, dissenting, would have dismissed the appeal, substantially for the reasons of the majority of the Saskatchewan Court of Appeal. Accordingly, in the result, we would allow the appeal, restore the conviction for sexual assault, and remand the sentence appeal back to the Court of Appeal.”