Sex

Question 1

what is courtship?

Answer 1

the WOOING or DATING of another, romantic in nature. there is NO LEGAL PROCESS of SELECTING a partner. there are laws about ACTS that TAKE PLACE between them (mainly with consent)

Question 2

what is marriage?

Answer 2

SOCIAL INSTITUTION where TWO people establish their decision to LIVE TOGETHER by LEGAL COMMITMENTS. married couples are “LIKE” ONE PERSON in LEGAL and FINANCIAL matters (work benefits, testifying, inheritance). must be a COMMON LAW MARRIAGE

Question 3

what are the 6 essential requirements of marriage?

Answer 3

MENTAL CAPACITY, VALID CONSENT, MINIMUM AGE, ABSENCE of a PROHIBITED RELATIONSHIP, TERMINATION of PRIOR MARRIAGES, and SEXUAL CAPACITY

Question 4

what does mental capacity mean (6ER of marriage)?

Answer 4

must have mental CAPACITY and ABILITY to UNDERSTAND the NATURE of a MARRIAGE CONTRACT (can be of failing body, but not mind). ex. you can be dying (sick), but not drunk

Question 5

what does valid consent mean (6ER of marriage)?

Answer 5

must enter a marriage with your own FREE WILL, must CONSENT WILLINGLY (cannot be under DURESS). ex. a “shotgun wedding”

Question 6

what does minimum age mean (6ER of marriage)?

Answer 6

minimum 16 WITH PARENTAL CONSENT (in Quebec boys 14, girls 12). AGE OF CONSENT PROTECTS CHILDREN who might be COERCED into an act (forced consent). elderly have become an issue too (anna nicole smith)

Question 7

what does absence of prohibited relationship mean (6ER of marriage)?

Answer 7

CONSANGUINITY (BLOOD RELATIVES are PROHIBITED from marrying, includes adoption or ‘step’). prior to 1991 the Marriage Act prohibited AFFINITY (close relationships), but you can now MARRY A COUSIN

Question 8

what does termination of prior marriages mean (6ER or marriage)?

Answer 8

MONOGAMY is ACCEPTED. bigamy and polygamy are ILLEGAL. must have a DIVORCE or ANNULMENT PRIOR to remarrying

Question 9

what does sexual capacity mean (6ER or marriage)?

Answer 9

MARRIAGE has NOT OCCURRED until it has been CONSUMMATED (had sex). this is assumed, not investigated

Question 10

what is sexual discrimination?

Answer 10

DISCRIMINATION based on one’s GENDER

Question 11

what is discrimination based on sexual orientation?

Answer 11

DISCRIMINATION based on the SEXUAL PREFERENCE (“homophobia”)

Question 12

what is sexism?

Answer 12

GENDER DISCRIMINATION, attitudes or behaviour based on STEREOTYPES of SEXUAL ROLES. ex. the “good wife’s guide”

Question 13

what is a sexist?

Answer 13

person who DISCRIMINATES on the BASES of SEX/ GENDER (mostly towards women)

Question 14

what is sexual orientation?

Answer 14

persons IDENTITY in relation to the GENDER(s) they are SEXUALLY ATTRACTED to (heterosexual, homosexual, etc.). freedom to decide is a HUMAN RIGHT

Question 15

what is the case Egan. v. Canada

Answer 15

Supreme Court decided that although SEXUAL ORIENTATION was NOT MENTIONED in section 15(1), it can be DISCRIMINATED AGAINST (and has equality rights)

Question 16

what is sexual identity?

Answer 16

how one THINKS OF ONESELF in terms of whom one is ROMANTICALLY/ SEXUALLY ATTRACTED to (bi, cis, trans, non-binary)

Question 17

what is sexual harassment?

Answer 17

UNWELCOME SEXUAL ADVANCES, contact, remarks, leering, requests for dates/ sexual favours. often made when there is a POWER IMBALANCE. ex. boss suggests sexual favours for promotion or employment

Question 18

note: implied consent does not exist in law

Question 19

what is sexual assault/ rape?

Answer 19

SEXUAL CONTACT with another person WITHOUT CONSENT. includes all unwanted sexual activity, no matter how “minor”. sexual activity only legal when BOTH PARTIES CONSENT

Question 20

what is consent?

Answer 20

VOLUNTARY AGREEMENT to engage in an activity. sexual activity/ touching only lawful if the person GIVES CONSENT

Question 21

what is a huge legal issue Hollywood glamorizes?

Answer 21

ONE NIGHT STANDS. intoxicated people, sexual assault, consent issues

Question 22

does silence or passivity mean consent?

Answer 22

NO

Question 23

what is expressed consent?

Answer 23

PERMISSION for something that is GIVEN SPECIFICALLY, VERBALLY or in WRITING (holds up best in court)

Question 24

what is implied consent?

Answer 24

an ASSUMPTION of PERMISSION that is INFERRED from ACTIONS (does not hold up in court). ex. r. v. ewanchuk

Question 25

when does the Criminal Code say there is NO consent?

Answer 25

when someone… shows they are NOT CONSENTING, shows they are NOT AGREEING to CONTINUE, INCAPABLE of CONSENTING (ex. unconscious), consent is result of ABUSE OF POWER, and consent is on ANOTHER’S BEHALF

Question 26

when can’t a person say they thought they had consent?

Answer 26

when the belief is based on THEIR INTOXICATION, they were RECKLESS about CONSENT, they chose to IGNORE things telling them there was a LACK of consent, and they didn’t take PROPER STEPS to CHECK for consent

Question 27

can consent be withdrawn at any time?

Answer 27

YES

Question 28

what is prostitution?

Answer 28

act of engaging in SEXUAL INTERCOURSE or SEXUALLY EXPLICIT ACTS for MONEY

Question 29

is prostitution legal in Canada?

Answer 29

prostitution (the ‘selling’) is LEGAL (considered an act between consenting adults), but EVERYTHING around it is ILLEGAL (buying, transporting, etc.).

Question 30

what constitutional challenge was made in relation to prostitution?

Answer 30

challenged LAWS SURROUNDING PROSTITUTION, claimed they HARMED prostituted under SECTION 7 (security of the persons). if it is legal, but there is no safe way to do it, the government violates section 7.

Question 31

what is Bill C-36?

Answer 31

“Protection of Communities and Exploited Persons Act” (what makes it illegal to purchase sex work). criticized by sex workers, say it’s WORSE for their SAFETY because it FORCES the INDUSTRY UNDERGROUND

Question 32

what did positivist John Stuart Mill say (‘about’ prostitution)?

Answer 32

only purpose for power to be RIGHTFULLY EXERCISED over society against their will is to PREVENT HARM of others. doing it for your OWN GOOD is NOT a warrant

Question 33

what is human trafficking?

Answer 33

ILLEGAL TRANSPORTATION of PEOPLE (against their will), usually for the purpose of FORCED LABOUR or SEXUAL EXPLOITATION.

Question 34

is surrogacy human trafficking?

Answer 34

no LEGAL MEANS of obtaining a SURROGATE (one can engage, but no legal contracts). deals with SEX, but in relation to PROCREATION (still selling a baby)

Question 35

what is pornography?

Answer 35

WRITING, PHOTOS, MOVIES, etc. intended to AROUSE SEXUAL EXCITEMENT. materials considered having little to NO ARTISTIC MERIT

Question 36

why can technology be dangerous?

Answer 36

all INFORMATION can be used in NEGATIVE WAYS. when you visit sites you give away information. studies show HUMAN TRAFFICKING INCREASES as social ACCEPTANCE of PRoSTITUTION does, same with pornography and sexual assault

Question 37

what is the Community Standards of Tolerance?

Answer 37

TEST for OBSCENITY, what Canadians would TOLERATE OTHERS SEEING

Question 38

what does obscenity mean?

Answer 38

OFFENSIVE to MORALITY or DECENCY (indecent), something intended to STIMULATE SEXUAL APPETITE (disgusting, repulsive)-opposite of decent

Question 39

what does decency mean?

Answer 39

to be RESPECTABLE or WORTHY (adequate, passable)-opposite of obscene

Question 40

what is censorship?

Answer 40

REASONABLE LIMITATION to one’s FREEDOM of EXPRESSION

SUPPRESSION or PROHIBITION. should we censor pornography, or does it infringe on our rights and freedoms?