OFFENCE ELEMENTS - SEXUAL EXPLOITATION
153(1)
Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who,
(a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or
(b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.
(1.1) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.
(1.2) A judge may infer that a person is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including
(a) the age of the young person;
(b) the age difference between the person and the young person;
(c) the evolution of the relationship; and
(d) the degree of control or influence by the person over the young person.
SELECTED CASE LAW
TABLE OF CONTENTS:
ALBERTA:
2017 ABQB 357
2016 ABPC 285
2016 ABCA 194
2016 ABCA 75
2013 ABQB 546
2016 ABCA 75
2015 ABCA 149
2013 ABCA 188
2013 ABCA 79
BRITISH COLUMBIA:
2018 BCCA 339
2018 BCCA 81
2018 BCCA 30
2017 BCCA 354
2017 BCPC 265
2017 BCSC 192
2016 BCPC 150
2016 BCCA 86
2015 BCSC 2055
2011 BCSC 1833
2009 BCSC 1514
2003 BCCA 47
2001 BCCA 462
MANITOBA:
2015 MBQB 96
NEW BRUNSWICK:
2017 NBQB 60
2015 NBCA 10
2014 NBCA 71
1999 CarswellNB 528
NOVA SCOTIA:
2018 NSCA 18
2011 NSCA 77
2004 NSCA 154
ONTARIO:
2018 ONSC 2922
2017 ONCJ 906
2017 ONCJ 733
2017 ONSC 207
2017 ONSC 2625
2016 ONSC 6861
2016 ONCJ 605
2016 ONCJ 264
2016 ONSC 3341
2015 ONCA 927
2014 ONSC 1472
PRINCE EDWARD ISLAND:
2018 PESC 7
2009 PECA 4
QUEBEC:
2017 QCCQ 318
2016 QCCQ 7139
2013 QCCQ 13361
SASKATCHEWAN
2017 SKQB 185
2014 SKCA 126
2012 SKCA 74
2012 SKCA 18