The age of consent is 16 – but there are some exceptions

By LegalMatters Staff • Canada’s age of consent is when a young person can be engaged in sexual activity, ranging from intimate kissing and fondling to sexual intercourse.

The Criminal Code states that consent is the “voluntary agreement of the complainant to engage in the sexual activity in question.” It adds that consent cannot be given if a person is unconscious or incapable of consenting to the activity, perhaps due to drugs or alcohol.

“Generally, the age of consent is set at 16, although there are some exceptions,” says Calgary criminal lawyer Matthew Deshaye. “And keep in mind that any form of sexual activity without consent is a crime, regardless of age,”

He notes that the Code allows 12- and 13-year-olds to consent to sex with someone up to two years older, while 14- and 15-year-olds can consent to sex with someone within five years of their age.

“It must be stressed that these exceptions only apply if the older person is not in a position of authority or trust and there is no exploitation or dependency between the two parties,” says Deshaye. “And consenting to one kind of sexual activity does not automatically mean consenting to another.”

The age of consent can rise to 18, he says, if the relationship between the young person and their sexual partner is exploitative, such as for prostitution or to produce pornography.