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By LegalMatters Staff • Generally speaking, the age of consent in Canada is sixteen. That is when a young person can legally agree to sexual activity, ranging from kissing and fondling to sexual intercourse.
But there are some exceptions when it comes to consent.
“Sexual activity without consent is a criminal offence, regardless of age,” says Ottawa criminal lawyer Céline Dostaler.
She explains the Supreme Court has held that consent does not have to be verbal and is not a one-time thing.
“Consent is often described as an ongoing process, that can be expressed verbally or through body language, and it can always be withdrawn,” says Dostaler. “A person may allow someone to kiss them but it does not mean they have given consent for further sexual activity.”
She says consent can be given by someone under 16 if they fit into the close-in-age exceptions outlined in the Code.
“It states that 12- and 13-year-olds can consent to sex with someone with a two-year age difference,” says Dostaler. “When it comes to 14- and 15-year-olds, they can consent to sex with someone within five years of their age.”
She says the age of consent rises to 18 if the sexual activity “exploits” the young person or involves pornography or prostitution.
“Someone has to be 18 to consent to sex if it occurs in a relationship of authority, trust or dependency,” Dostaler says. “Those would include relationships with a teacher, coach or babysitter.”
