Ewan Brookson Case Summary

Sexual harassment and rape cases are often difficult for victims and their lawyers. The difficulty lies in the trauma the victim has to face every single day and the lack of time the lawyer has to gather information. In the Ewanchuk case, there are many ideologies about women that are reinforced by the court system by having many preconceived notions of women. The case was seen as a sexual act when it should of have been treated like a criminal act. Cases involving sexual assault/harassment play a big role in demonstrating how the court system dehumanizes women, the Ewanchuk being one of them. Rape myths associated with the Ewanchuk case and Canadian society play a huge role and are significant in the decision of the case. There are several advantages and limitations of litigation on how sexual

The accused then touched her on multiple incidents which kept getting more intimate each time despite her saying no each time, the complainant only listened to the accused out of fear. The trial judge decided that the accused was not guilty on the basis of that implied consent was given. What is being debated here is if the trial judge misunderstood the meaning of consent with sexual assault and if the conclusion of the defense of implied consent is real in Canadian law and the extent of morality involved overall. The Alberta Court of Appeals decided on a dismissal of the appeal on the basis that it was a fact-driven 10 acquittal from which the Crown could not properly appeal. McClung J.A. concluded that the Crown had failed to prove that the accused had the criminal intent with his actions and had failed to prove beyond a reasonable doubt that the accused had intended to commit an assault upon the complainant.The SCC’s decision was