Lapointe and Francoeur v R.

Decided: 2026-09-17. Docket: 96-25-CA. Citation: 2026 NBCA 109 (CanLII). 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 reasona