View source for Other Consent Issues in Residential Care

==What Constitutes Consent in the Context of Intimacy and Sex?==
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In R. v. J.A. ([[{{PAGENAME}}#References|8]]), the Supreme Court of Canada considered whether the Criminal Code of Canada ([[{{PAGENAME}}#References|9]]) framed consent as requiring a conscious, operating mind throughout sexual activity and whether a person who subsequently did not have an operational mind at the point of sex, could consent in advance.
 
The court decided the Criminal Code makes it clear that an individual must be conscious throughout the sexual activity in order to provide the consent. Consent to sex in the case was described in the context of ensuring that women and men are not the victims of sexual exploitation and to ensure that individuals engaging in sexual activity are capable of asking their partners to stop at any point.
 
The Court emphasized that jurisprudence has consistently interpreted consent as requiring a conscious, operating mind, capable of granting, revoking or withholding consent to each and every sexual act. The jurisprudence also establishes that there is no substitute for the complainant’s actual consent to the sexual activity at the time it occurred. It is not sufficient for the accused to have believed the complainant was consenting: he must also take reasonable steps to ascertain consent, and must believe that the complainant communicated her consent to engage in the sexual activity in question.

===Tips to Facilitate Communication===

Communication can be strengthened by giving explanations in ways best understood by the resident and by using a combination of strategies. These might include:
 
* Giving verbal explanations. 
* Using visual aids and handouts.
* Asking clients for feedback about what they understand. 
* Asking clients if they have any questions. 
* Engaging any family or friends who are supporting the client to help the client understand. 
* Using plain language and age-appropriate terminology.
* Using the services of a qualified interpreter if a language barrier exists. 
* Providing information through an alternate mode (e.g., using sign language, speaking in the client's mother tongue).