Lapointe and Francoeur v R.

canada, canadian, case law, court opinion, canlii, nbca, 2026nbca109, 2026 nbca 109 (canlii), 2026, nbca, 109, (canlii), 96-25-ca, 2026, criminal and statutory offences, appeals against conviction, sexual assault, criminal code, s. 271(a), convictions for sexual assault following provincial court trial, grounds of appeal alleging errors on consent, honest but mistaken belief in communicated consent, and trial fairness, standard of review under criminal code, s. 675(1)(a), appeals dismissed, criminal and statutory offences, sexual assault, consent, r. v. barton, whether the judge erred in finding the complainant did not consent, consent assessed as the complainant’s subjective internal state of mind, flirtation, passivity, and surrounding circumstances rejected as establishing consent, actus reus and mens rea found proven beyond a reasonable doubt, appeal dismissed, criminal and statutory offences, defences, honest but mistaken belief in communicated consent, criminal code, s. 273.2, whether the defence was unavailable because no reasonable steps were taken, reliance on silence, passivity, ambiguity, or waiting for an objection rejected, asking about birth control after sexual activity began held insufficient, defence rejected as based on impermissible myths and stereotypes, appeal dismissed, evidence, relevance and use of evidence, flirtation and surrounding circumstances, whether the judge refused to consider flirtation evidence or treated it as inadmissible, evidence of flirtatious banter acknowledged and placed in context, no discussion of sexual activity before arrival, flirtation held insufficient, without more, to establish consent or communicated consent, appeal dismissed, procedure, trial management, judicial interventions, whether interventions during examination, in, chief and cross, examination undermined trial fairness, comments on recreating moaning sounds addressed as weight, not admissibility, direction to avoid unnecessary repetition in cross, examination treated as trial management, no improper restriction of full cross, examination, appeal dismissed