Understanding Consent

What is consent?

In Canada, the law very clearly states that there has to be an affirmative “yes” - or voluntary agreement - to engage in sexual activity. Sexual assault occurs when consent is absent and it is a criminal offence. This means that consent must be an active process, without the influence of coercion. One should never assume consent.

• Consent is active and continuous, not passive or silent.
• It is the responsibility of the person who wants to engage in physical contact or sexual activity to make sure that they have consent from the other person(s) involved.
• Consent is not the absence of “no” or silence.
• Consent to one sexual act does not constitute or imply consent to a different sexual act.
• Consent is required regardless of the parties’ relationship status or sexual history together.
• Consent cannot be given by a person who is incapacitated by alcohol or drugs or who is unconscious (including being asleep) or otherwise lacks the capacity to give consent.
• Consent is not possible if an individual uses their position of power or authority to manipulate someone into saying  “yes.”
• If a survivor’s judgement is impaired, consent is not valid.