R. v. Hay, 2022 ABCA 2462023 SCC 15 (40316)

The Chief Justice: “Mr. Hay appeals from the unanimous decision of the Court of Appeal of Alberta setting aside an acquittal and substituting a conviction, pursuant to s. 686(4)(b)(ii) of the Criminal Code, R.S.C. 1985, c. C-46, on one count of sexual assault. We are all of the view that the appeal should be dismissed, substantially for the reasons of the Court of Appeal. Mr. Hay’s defence of honest but mistaken belief in communicated consent had no air of reality, and the evidence of prior sexual activity was inadmissible. In the circumstances, the Court of Appeal properly substituted a conviction. Therefore, the appeal is dismissed.”