In R. v. Hutchinson , 2013 NSCA 1 the Nova Scotia Court of Appeal dealt with an appeal considering the meaning of consent in s. 273.1. The Appellant was charged with aggravated sexual assault for poking holes in condoms that he used with his partner notwithstanding that he knew she did not want to get pregnant. He was acquitted of aggravated sexual assault but convicted of sexual assault. Writing for the majority of the five-judge panel, MacDonald C.J.N.S. held that the
complainant could not be said to have consented to the “sexual activity in question”.
This case is currently before the Supreme Court of Canada on appeal.