Consent and age of consent
The Criminal Code sets the age of consent at 16 with close-in-age exceptions, and 18 where there is a relationship of trust, authority, dependency or exploitation. The Supreme Court in Ewanchuk rejected the defence of implied consent: consent must be positively communicated, and cannot be given in advance or while unconscious.
Key points
| Age of consent | 16; 12–13 year olds with a partner under two years older; 14–15 with a partner under five years older |
|---|---|
| Authority or dependency | 18 |
| Affirmative consent | Consent must be actively and continuously communicated |
| Advance consent | Not possible; consent cannot be given for a period of unconsciousness |
| Marital rape | Criminal since 1983 |
| Limitation | None for criminal offences |
| Third-party records | Protected by strict rules limiting access to complainants' counselling records |
| No advance consent | An unconscious person cannot consent, however earlier arranged |
| Sexual history | Its use is tightly restricted by statutory procedure |
| Close-in-age exceptions | Apply to young people within defined age gaps |
In practice
- Attend a sexual assault centre: many collect evidence and store it for a year without reporting.
- Victim services can provide counselling and court accompaniment free of charge.
Recent changes
Several provinces have introduced specialised courts and dedicated prosecution teams for sexual violence, aiming at fewer delays and better complainant support.
Where to go
- Provincial sexual assault centre networks and 24-hour crisis lines.
- Hospital-based sexual assault care and treatment centres.
- Victim services through provincial ministries of justice.
Worth knowing
There is no time limit on reporting in Canada, and no requirement to decide immediately: hospitals can collect and store a forensic kit while you take time. Canadian law has no concept of implied consent and no advance consent. The Supreme Court has been explicit on both points.
The general article: Consent and age of consent · Compare with another country
Domestic violence
Criminal law is federal — assault, criminal harassment, uttering threats, and peace bonds — while protection orders are provincial. The Divorce Act, as amended in 2021, defines family violence broadly to include coercive controlling behaviour and requires courts to consider it in parenting decisions.
Key points
| Emergency protection orders | Available in most provinces, often obtainable through police out of hours |
|---|---|
| Peace bond | Criminal Code order requiring a person to keep the peace, available without a conviction |
| Family violence in parenting | Defined broadly in the Divorce Act since 2021, including coercive control |
| Firearms | Prohibition orders and licence revocation available |
| Residential tenancies | Most provinces allow early lease termination for victims |
| Immigration | Fee-exempt temporary resident permits for those facing abuse |
| Indigenous communities | Specific supports and Indigenous-led services exist across the country |
| No specific offence | Domestic violence is prosecuted under general assault and harassment offences |
| Coercive control | Proposed federally and already reflected in some provincial family law |
| Emergency intervention orders | Available from designated justices outside court hours in several provinces |
| Family law | Family violence is a defined factor in parenting decisions since 2021 |
In practice
- Ask about an emergency protection order: several provinces grant them by telephone at night.
- Raise family violence explicitly in any parenting application — it is a statutory factor.
Cost and coverage
Applications are generally free; legal aid is available for family matters involving violence in most provinces.
Recent changes
Coercive control is not yet a stand-alone criminal offence federally, though bills have been introduced; it is already central in family law decision-making.
Where to go
- Provincial crisis lines and shelter networks; ShelterSafe maps shelters across Canada.
- Assaulted Women's Helpline 1-866-863-0511 (Ontario) and equivalents elsewhere.
- Victim services through provincial ministries and police services.
Worth knowing
Most provinces now allow a tenant experiencing violence to end a lease early with documentation — a practical route out that is often overlooked. Since the 2021 Divorce Act amendments, family violence must be considered in every parenting decision. Evidence of it changes the analysis directly.
The general article: Domestic violence · Compare with another country
Female genital mutilation
An offence since 1997, with an express ban on taking a child abroad for the purpose.
FGM has been treated as aggravated assault under the Criminal Code since 1997. The provision states that consent is not a defence, other than for medically necessary procedures, and it is separately an offence to remove from Canada a child ordinarily resident here for the purpose of FGM. Provincial child protection law imposes a duty to report any child whose safety is at risk.
Canada dealt with the question in 1997 by amending the aggravated-assault provision of the Criminal Code to name the practice expressly, and by making it an offence to remove a child from Canada for that purpose. The consent of a parent is no defence, and neither is the consent of a girl under eighteen. Prosecutions have been very rare; the practical work happens in child-protection and in health care.
Key points
| Criminal Code | Aggravated assault provisions, amended in 1997 to cover FGM expressly |
|---|---|
| Consent | Not a defence except for medically necessary procedures |
| Removal abroad | A separate offence to take a child out of Canada for the purpose |
| Reporting | Duty to report under provincial child protection law |
| Immigration | Practising FGM can make a person inadmissible |
| Care | Provided through the public health system; specialist services in larger cities |
| Asylum | Risk of FGM is an accepted ground for protection |
In practice
- Anyone who suspects a child is at risk must report to child protection — the duty overrides professional confidentiality.
- Community health centres in the main cities provide culturally adapted care.
- Ask for a female clinician and an interpreter if that makes the consultation possible.
- A documented medical examination before travel is used as a protective measure.
Cost and coverage
Care is covered by provincial health insurance.
Where to go
- Provincial child protection services.
- Community health centres serving newcomer communities.
- Settlement organisations and women's health clinics.
Worth knowing
The offence of taking a child out of Canada for FGM allows intervention before departure. That is the provision to invoke where travel is planned.
Frequently asked questions
Can parents consent on a child's behalf in Canada?
No. The Criminal Code makes clear that consent is not a defence where the person is under eighteen, and a parent cannot give it for them. The only exception is a surgical procedure performed for genuine medical benefit.
What happens if a family plans a trip abroad?
Removing a child from Canada for the purpose is itself an offence. If you have concrete concerns, contact child protection in your province — they can seek an order preventing travel. Raise it before the trip; afterwards there is far less that anyone can do.
The general article: Female genital mutilation · Compare with another country
Sexual offences committed abroad
Section 7 of the Criminal Code allows prosecution in Canada for child sexual offences committed abroad.
Canadian citizens and permanent residents who commit specified sexual offences against children abroad can be prosecuted in Canada as though the conduct had occurred there. Registered offenders must report intended absences, and passports can be refused or revoked to prevent travel.
Canada's Criminal Code allows prosecution of Canadian citizens and permanent residents for specified sexual offences against children committed abroad, and the prosecution can proceed whether or not the conduct was an offence where it happened. A conviction brings registration under the Sex Offender Information Registration Act, which includes reporting obligations for international travel — a measure aimed squarely at repeat offending abroad.
Key points
| Basis | Criminal Code, section 7 |
|---|---|
| Who is covered | Canadian citizens and permanent residents |
| Dual criminality | Not required for the listed offences |
| Register | Obligation to report intended travel |
| Passport | Refusal or revocation possible |
| Reporting | Cybertip.ca and local police |
| Cooperation | Information shared with destination countries |
In practice
- Cybertip.ca receives reports about child sexual exploitation, including abroad.
- Failure to report travel is itself an offence for registered persons.
- A report on return to local police is enough to start the process.
- Passport measures are used preventively, before departure.
Where to go
- Cybertip.ca, the national reporting centre.
- Local police service or the RCMP.
- Canadian embassy or consulate.
- Global Affairs Canada consular services.
Frequently asked questions
Does the conduct have to be a crime in the other country?
No. For the listed offences against children, Canadian law applies to citizens and permanent residents regardless of the law at the place of the act. This is deliberate: the provision exists precisely because some destinations do not prosecute.
Sources
- Cybertip.ca — national tipline for child sexual exploitation
- RCMP — international investigations
The general article: Sexual offences committed abroad · Compare with another country
General sources
- Canada.ca — official government portal
- Justice Laws Website — federal statutes and regulations