Invitation to Sexual Touching (Offence)
This page was last substantively updated or reviewed January 2020. (Rev. # 96251) |
Invitation to Sexual Touching | |
---|---|
s. 152 of the Crim. Code | |
Election / Plea | |
Crown Election | Hybrid summary proceedings must initiate within 12 months of the offence (786(2)) |
Jurisdiction | Prov. Court Sup. Court w/ Jury (*) |
Summary Dispositions | |
Avail. Disp. |
|
Minimum | 90 days incarceration |
Maximum | 2 years less a day incarceration |
Indictable Dispositions | |
Avail. Disp. | same as summary |
Minimum | 1 year incarceration |
Maximum | 14 years incarceration |
Reference | |
Offence Elements Sentence Digests |
Overview
Offences relating to invitation to sexual touching are found in Part V of the Criminal Code relating to "Sexual Offences, Public Morals and Disorderly Conduct".
- Pleadings
Offence Section |
Offence Type |
Crown Election | Defence Election s. 536(2) |
Preliminary Inquiry |
---|---|---|---|---|
s. 152 [invitation to sexual touching] | Hybrid Offence(s) | (* only if Crown proceeds by Indictment) | (14 years max) |
Offences under s. 152 [invitation to sexual touching] are hybrid with a Crown election. If prosecuted by indictment, there is a Defence election of Court under s. 536(2) to trial to trial in provincial court, superior court with a judge-alone (with or without a preliminary inquiry) or superior court with judge-and-jury (with or without a preliminary inquiry).
Before the Crown can rely on provisions increasing the duration of the weapons prohibition order due to a prior weapons prohibition order notice under s. 727 must be given prior to plea.
- Release
Offence(s) | Appearance Notice by Peace Officer s. 497 |
Summons by Judge or Justice s. 508(1), 512(1), or 788 |
Release by Peace Officer on Undertaking s. 498, 499, and 501 |
Release By a Judge or Justice on a Release Order s. 515 to 519 |
Direct to Attend for Fingerprints, etc. Identification of Criminals Act s. 2 ID Crim. Act |
---|---|---|---|---|---|
s. 152 [invitation to sexual touching] |
When charged under s. 152 [invitation to sexual touching] , the accused can be given an appearance notice without arrest under s. 497 or a summons. If arrested, he can be released by the arresting officer under s. 498 or 499 on an undertaking with or without conditions. He can also be released by a justice under s. 515.
- Reverse Onus Bail
If police decide to bring the accused before a Justice pursuant to s. 503, there will be a presumption against bail (i.e. a reverse onus) if the offence, prosecuted by indictment, was committed:
- while at large under s. 515 [bail release], 679 or 680 [release pending appeal or review of appeal] (s. 515(6)(a)(i));
- "for the benefit of, at the direction of, or in association" with a criminal organization (s. 515(6)(a)(ii));
- where the offence involved a weapon, being a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (s. 515(6)(a)(viii)); or
- where the accused is not "ordinarily a resident in Canada" (s. 515(6)(b)).
And, regardless of Crown election, if the offence alleged was one:
- where the offence was an allegation of violence against an "intimate partner" and the accused had been previously convicted of an offence of violence against an "intimate partner" (s. 515(6)(b.1));
- where the offence alleged is a breach under s. 145(2) to (5) while (s. 515(6)(c));
- where the offence committed (or conspired to commit) was an offence under s. 5 to 7 of the CDSA that is punishable by life imprisonment (s. 515(6)(d));
- Fingerprints and Photos
A peace officer who charges a person under s. 152 [invitation to sexual touching] of the Code can require that person to attend for the taking of fingerprints, photographs or other similar recordings that are used to identify them under the Identification of Criminals Act.
- Publication Bans
For all criminal or regulatory prosecutions, there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of "any information that could identify the victim or witness" under s. 486.5(1) where it is "necessary" for the "proper administration of justice". Other available publication bans include prohibitions for publishing evidence or other information arising from a bail hearing (s. 517), preliminary inquiry (s. 539) or jury trial (s. 648). There is a mandatory publication ban in all youth prosecutions on information tending to identify young accused under s. 110 of the YCJA or young victims under s. 111 of the YCJA.
Section s. 152 [invitation to sexual touching] offences permit a judge to order a discretionary publication ban for sexual offences under s. 486.4 that protects "information that could identify the victim or a witness". Where the witness is under the age of 18 or if in relation to a victim, the order is mandatory under s. 486.4(2).
- Offence Designations
Offence(s) | Wiretap Eligible s. 183 |
Dangerous Offender Designated Offence s. 752 |
Serious Personal Injury Offence s. 752 |
AG Consent Required | Serious Criminality Offence s. 36 IRPA |
---|---|---|---|---|---|
s. 152 [invitation to sexual touching] | (primary) | / (varies on facts) (by indictment only) |
(14 years max) |
Section s. 152 [invitation to sexual touching] offences are "primary designated offences" under s. 752 for a Dangerous Offender Order. The offender will be deemed a "substantial risk" for a Long-Term Offender Order under s. 753.1.
See below in Ancillary Sentencing Orders for details on designations relating to sentencing orders.
Offence Wording
- Invitation to sexual touching
152 Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years 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 person under the age of 16 years,
- (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
- (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.
R.S., 1985, c. C-46, s. 152; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 3; 2008, c. 6, s. 54; 2012, c. 1, s. 12; 2015, c. 23, s. 3.
Draft Form of Charges
Pre-ambles | ||
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"THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR | ||
"THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR | ||
"AND FURTHER at the same time and place aforesaid, he [or she]..." | ||
Code Section | Subject of Offence | Draft Wording |
152 | invitation to sexual touching | "...did for a sexual purpose [invite, counsel or incite] [victim], a person who is under the age of sixteen years, to touch [directly or indirectly] with a part of [his body or an object] to wit:[describe body part or object intended to contact victim], the body of [victim or a third party] contrary to section 152 of the Criminal Code." |
Proof of the Offence
Proving invitation to sexual touching under s. 152 should include:[1]
|
- ↑
R v DLW, 2013 BCSC 1327 (CanLII), BCJ No 1620, per Romilly J, at para 235
- ↑ R v Legare, 2008 ABCA 138 (CanLII), [2008] AJ No 373, at paras 33 and 37 - appealed to 2009 SCC 56 (CanLII), per Fish J
- ↑ Legare, ibid., at para 41
Draft Jury Decision Trees
Interpretation of the Offence
The offence of invitation to sexual touching is an offence of communication, not assault.[1]
Invitations are not assaults as assaults must include an "act or gesture."[2]
Section 152 should be interpreted "purposively in a manner consistent with the philosophy and rationale underlying Parliament's objectives."[3]
The accused is guilty of the offence by giving a child a tissue containing his ejaculate.[4]
If an accused suggests to a child to touch herself for a sexual purpose, the offence would be made out.[5]
The offence includes "inviting, counseling or inciting of the young person to have sexual contact with either the accused or a third person."[6]
The offence is still made out if the victim is the only person touching.[7]
- ↑
R v GDG, 2013 MBQB 244 (CanLII), 298 Man R (2d) 119, per Mainella J, at para 93 ("Invitation to sexual touching is a crime of communication, not of assault.")
R v Legare, 2008 ABCA 138 (CanLII), 236 CCC (3d) 380, per Watson JA, at para 36 - appealed to 2009 SCC 56 (CanLII), per Fish J on other grounds - ↑
R v Baney, 1971 CanLII 513 (ON CA), 6 CCC (2d) 75
R v Johnson, 2006 CanLII 37519 (ON SC), OTC 1062
Fairclough v. Whipp, [1951] 2 All E.R. 834
see also Common Assault (Offence) definition of "assault" - ↑
R v Fong, 1994 ABCA 267 (CanLII), 92 CCC (3d) 171, per curiam, at p. 172 (CCC)
- ↑ Fong, ibid.
- ↑
Legare (ABCA), supra, at para 66
- ↑ R v Sears, 1990 CanLII 10938 (MB CA), 58 CCC (3d) 62, per Helper JA, at 64
- ↑
Sears, ibid. at 5
"Inviting, Counseling or Inciting"
The actus reus requires "positive action" by the accused.[1]
The three means of committing the offence must "either singularly or cumulatively, communicate the request to have the child touch for a sexual purpose."[2]
The communication does not need to be explicit, it can be implied.[3]
- Inviting
An invitation can work either way whereby the accused asks for permission to touch the victim, in addition, asking the victim to touch him.[4]
A request by the accused to touch the victim's private parts is an invitation to touch for a sexual purpose.[5]
Actual physical touching or an invitation for physical touching is not necessary. Even an invitation to hold a tissue used by the accused can be sufficient.[6]
- Counselling
"Counselling" is defined in s. 22.[7] The definition includes "incite".
- Inciting
To "incite" it is sufficient for the accused to in some manner recommend or suggest that the acts take place.[8] Mere "passive acquiescence" is not sufficient.[9]
The phrase "inviting, counselling or inciting" is also found in the offence of Sexual Exploitation (Offence)
- ↑ R v DLW, 2013 BCSC 1327 (CanLII), BCJ No 1620, per Romilly J, at para 240
- ↑
R v Rhynes, 2004 PESCAD 15 (CanLII), 709 APR 89, per McQuaid JA, at para 45
- ↑
R v Legare, 2008 ABCA 138 (CanLII), 236 CCC (3d) 380, per Watson JA, at para 35 ("Nonetheless, there is nothing in the section language to suggest that Parliament insisted only on express communication. The grammatical and ordinary sense of the words “invite”, “incite” and “counsel” include communication that is express or implied. It would be unduly restrictive of the three verbs to suggest that each of them must embody an express communication to presently achieve a prompt physical response by the child of the sort set out in the count charged and that itself takes the physical form of the child exploitation contemplated by ss.151 or 152.") - appealed to 2009 SCC 56 (CanLII), per Fish J
R v Carbone, 2020 ONCA 394 (CanLII), per Doherty JA, at para 61("The Crown did not have to prove that H.J. actually touched the appellant for a sexual purpose. An invitation to touch includes acts and/or words by which an accused requests, suggests, or otherwise incites or encourages the complainant to touch him for a sexual purpose. The invitation may be express or implied: ") - ↑ R v SG, 2004 CanLII 33213 (ON CA), 190 OAC 319, per curiam
- ↑
R v Gray, [2004] OJ No 4100 (CA)(*no CanLII links)
R v Phippard, [2005] NJ No (P.C.)(*no CanLII links) , at para 10
- ↑ R v Fong, 1994 ABCA 267 (CanLII), 92 CCC (3d) 171, per curiam
- ↑ See Counselling
- ↑
DLW, supra, at para 240 ("Incitement to sexual touching requires positive action by an accused person.")
R v Rhynes, 2004 PESCTD 30 (CanLII), 709 APR 89, per Matheson J
- ↑ Rhynes, ibid.
Direct or Indirect Touching
The actus reus related to the act of "touch[ing], 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 person under the age of 16 years".
Indirect touching by the accused includes the ejaculation in a tissue held by the victim.[1]
The language is the same as that found in "sexual exploitation" under s. 153.
Any sort of direction of a child to touch themselves would usually amount to an offence under s. 152.[2] Asking a child to touch her toes while he took pictures of her private area will constitute the actus reus.[3]
- ↑ R v Fong, 1994 ABCA 267 (CanLII), 92 CCC (3d) 171, per curiam
- ↑ R v Legare, 2008 ABCA 138 (CanLII), 236 CCC (3d) 380, per Watson JA, at para 66 - appealed to 2009 SCC 56 (CanLII), per Fish J
- ↑ R v CMM, 2012 MBQB 141 (CanLII), 93 CR (6th) 155, per Joyal CJ
Mens Rea
Sexual touching is a specific intent offence.[1]
Proof of the mens rea for the offence requires:[2]
- the accused knowingly communicated for a sexual purpose with a child under 16
- there was an intention that the child would receive the communication as being an invitation or counselling to do the physical conduct or the accused knew there was a substantial and unjustified risk that the child would receive that communication as being an invitation or counselling to do that physical conduct
The mental element must be present at the time the communication is made.[3]
- ↑ see R v JAB, [2002] O.T.C. 723(*no CanLII links)
- ↑ R v GDG, 2013 MBQB 244 (CanLII), 298 Man R (2d) 119, per Mainella J, at para 95 ("The mens rea required is two-part. An accused knowingly communicated for a sexual purpose with a child under the age of 16 years. As well, there was an intention that the child would receive that communication as being an invitation or counselling to do the physical conduct, or the accused knew there was a substantial and unjustified risk that the child would receive that communication as being an invitation or counselling to do that physical conduct.")
- ↑ GDG, ibid., at para 95 ("The mental element must be present at the time the communication is made.")
"Sexual Purpose"
The "sexual purpose" of an invitation is determined based on an objective standard in light of all the circumstances. In looking at whether the words used had a sexual purpose, the court "can look to the part of the body that was to be touched, the nature of the contact requested, the situation in which the invitation occurred, including the words used, together with any accompanying gestures and all other circumstances surrounding the conduct."[1]
- ↑
R v Pellerin, 2011 ONCJ 179 (CanLII), [2011] OJ No 1623 (C.J.), per Nadel J, at para 22
R v Chase, 1987 CanLII 23 (SCC), 37 CCC (3d) 97, per McIntyre J
Evidence
- Modification of Rules of Evidence
For offences under this section (s. 152):
- corroboration is not required for conviction and the judge cannot instruct on need for corroboration: see Corroboration under s. 274.
- common law rules relating to "recent complaint" do not apply: see Credibility under s. 275.
- Limitations on Admissibility of Evidence
For offences under this section (s. 152):
- prior sexual history of the complainant "is not admissible to support an inference that...by reason of the sexual nature of that activity, the complainant...is more likely to have consented to the sexual activity that forms the subject-matter of the charge; or... is less worthy of belief.": see Evidence of complainant’s sexual activity under s. 276.
- any "evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.": See reputation evidence under s. 277.
- Holdback of Disclosure
For offences under this section (s. 152 [invitation to sexual touching] ), s. 278.2 prevents the Crown from disclosing any records attracting a "reasonable expectation of privacy" that relate "to a complainant or a witness" unless applied for through the process described in s. 278.3 to 278.91: see Production of Records for Sexual Offences. Should the privacy-holder agree to waive their privacy rights, the protected materials may be disclosed.
Defences
Participation of Third Parties
- Complainant Privacy Rights in Sexual Offences
A complainant has a right to be notified of any party seeking to admit any evidence of sexual activity other than the activity making up the alleged offence.
- Testimonial Aids
Certain persons who testify are entitled to make application for the use of testimonial aids: Exclusion of Public (s. 486), Use of a Testimonial Screen (s. 486), Access to Support Person While Testifying (s. 486.1), Close Proximity Video-link Testimony (s. 486.2), Self-Represented Cross-Examination Prohibition Order (s. 486.3), and Witness Security Order (s. 486.7).
A witness, victim or complainant may also request publication bans (s. 486.4, 486.5) and/or a Witness Identity Non-disclosure Order (s. 486.31). See also, Publication Bans, above.
- On Finding of Guilt
Offence(s) | Victim Notice of Agreement s. 606(4.1) [SPIO] |
Victim Queried for Interest in Agreement s. 606(4.2) [5+ years] |
Victim Notice for Restitution s. 737.1 |
Victim Notice of Impact Statement s. 722(2) |
---|---|---|---|---|
s. 152 [invitation to sexual touching] |
For any indictable offence with a maximum penalty no less than 5 years (including offences under s. 152 [invitation to sexual touching] ), but are not serious personal injury offences, s. 606(4.2) requires that after accepting a guilty plea, the judge must inquire whether "any of the victims had advised the prosecutor of their desire to be informed if such an agreement were entered into, and, if so, whether reasonable steps were taken to inform that victim of the agreement". Failing to take reasonable steps at guilty plea requires the prosecutor to "as soon as feasible, take reasonable steps to inform the victim of the agreement and the acceptance of the plea" (s. 606(4.3)).
Under s. 738, a judge must inquire from the Crown before sentencing whether "reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages".
Under s. 722(2), the judge must inquire "[a]s soon as feasible" before sentencing with the Crown "if reasonable steps have been taken to provide the victim with an opportunity to prepare" a victim impact statement. This will include any person "who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss" as a result of the offence. Individuals representing a community impacted by the crime may file a statement under s. 722.2.
Sentencing Principles and Ranges
- For general principles on sentence for sexual offences, see Sexual Offences
- Maximum Penalties
Offence(s) | Crown Election |
Maximum Penalty |
---|---|---|
s. 152 [invitation to sexual touching] From July 17, 2015 |
summary election | 2 years less a day custody |
s. 152 [invitation to sexual touching] From July 17, 2015 |
indictable election | 14 years incarceration |
s. 152 [invitation to sexual touching] November 1, 2005 to July 16, 2015 |
summary election | 18 months custody |
s. 152 [invitation to sexual touching] Up to July 16, 2015 |
indictable election | 10 years incarceration |
s. 152 [invitation to sexual touching] Up to October 31, 2005 |
summary election | 2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019) |
Offences under s. 152 are hybrid. If prosecuted by indictment, the maximum penalty is 14 years incarceration. If prosecuted by summary conviction, the maximum penalty is 18 months incarceration.
- Minimum Penalties
Offence(s) | Crown Election |
Minimum Penalty First Offence |
Minimum Penalty Subsequent Offence |
---|---|---|---|
s. 152 [invitation to sexual touching] August 9, 2012 to July 17, 2015 |
summary election | 90 days custody | Same |
s. 152 [invitation to sexual touching] August 9, 2012 to July 17, 2015 |
indictable election | 1 year custody | Same |
s. 152 [invitation to sexual touching] November 1, 2005 to August 8, 2012 |
summary election | 14 days custody | Same |
s. 152 [invitation to sexual touching] November 1, 2005 to August 8, 2012 |
indictable election | 45 days custody | Same |
s. 152 [invitation to sexual touching] Until October 31, 2005 |
Any | None | Same |
Offences under s. 152 [invitation to sexual touching] have a mandatory minimum penalty of 1 year incarceration when prosecuted by indictment and 90 days jail when prosecuted by summary conviction.
- Available Dispositions
Offence(s) | Crown Election |
Discharge s. 730 |
Suspended Sentence s. 731(1)(a) |
Stand-alone Fine s. 731(1)(b) |
Custody s. 718.3, 787 |
Custody and Probation s. 731(1)(b) |
Custody and Fine s. 734 |
Conditional Sentence (CSO) s. 742.1 |
---|---|---|---|---|---|---|---|---|
s. 152 [invitation to sexual touching] | any |
Offences under s. 152 [invitation to sexual touching] have mandatory minimums. There are no discharges, suspended sentences, stand-alone fines, or conditional sentences available.
- Consecutive Sentences
Under s. 718.3(7), where the judge sentences an accused at the same time for "more than one sexual offence committed against a child", a sentence must be consecutive where:
- one of the sexual offences against that child is an offence relating to child pornography under s. 163.1. (see s. 718.3(7)(a)); or
- each of the sexual offences against a child, other than a child pornography offence, related to a different child. (see s. 718.3(7)(a))
[note: this only applies for offences occurring after enactment of Tougher Penalties for Child Predators Act on July 16, 2015]
- Constitutionality
In at least one province, the minimum penalty in s. 152 was found unconstitutional.[1]
- ↑ R v Reeves, 2020 ABQB 78 (CanLII), per Clackson J
Principles
Section 718.01 requires sentencing judges to "give primary consideration to the objectives of denunciation and deterrence" when conduct "involved the abuse of a person under the age of eighteen years". Where the evidence shows that the offender, "in committing the offence, abused a person under the age of eighteen years,... shall be deemed to be an aggravating circumstances" under s. 718.2(a)(ii.1). Where the offender is in a "position of trust or authority" in relation to the victim, it will also be aggravating under s. 718.2(a)(iii).
- Factors
Section 718.2(a)(ii.1) requires that the judge treat as aggravating any "evidence that the offender, in committing the offence, abused a person under the age of eighteen years".
Ranges
Ancillary Sentencing Orders
- Offence-specific Orders
Order | Conviction | Description |
---|---|---|
DNA Orders | s. 152 [invitation to sexual touching] |
|
SOIRA Orders | s. 152 [invitation to sexual touching] |
Note that by function of s. 490.011(2) of the Code, SOIRA orders are not available when sentencing under the Youth Criminal Justice Act |
Section 161 Orders | s. 152 [invitation to sexual touching] |
|
Firearms Prohibition Orders | s. 152 [invitation to sexual touching] |
|
Delayed Parole Order | s. 152 [invitation to sexual touching] |
|
- General Sentencing Orders
Order | Conviction | Description |
---|---|---|
Non-communication order while offender in custody (s. 743.21) | any | The judge has the discretion to order that the offender be prohibited "from communicating...with any victim, witness or other person" while in custody except where the judge "considers [it] necessary" to communicate with them. |
Restitution Orders (s. 738) | any | A discretionary Order is available for things such as the replacement value of the property; the pecuniary damages incurred from harm, expenses fleeing a domestic partner; or certain expenses arising from the commission of an offence under s.402.2 or 403. |
Victim Fine Surcharge (s. 737) | any | A discretionary surcharge under s. 737 of 30% of any fine order imposed, $100 per summary conviction or $200 per indictable conviction. If the offence occurs on or after October 23, 2013, the order has smaller minimum amounts (15%, $50, or $100). |
- General Forfeiture Orders
Forfeiture | Conviction | Description |
---|---|---|
Forfeiture of Proceeds of Crime (s. 462.37(1) or (2.01)) | any | Where there is a finding of guilt for an indictable offence under the Code or the CDSA in which property is "proceeds of crime" and offence was "committed in relation to that property", the property shall be forfeited to His Majesty the King on application of the Crown. NB: does not apply to summary offences. |
Fine in Lieu of Forfeiture (s. 462.37(3)) | any | Where a Court is satisfied an order for the forfeiture of proceeds of crime under s. 462.37(1) or (2.01) can be made, but that property cannot be "made subject to an order", then the Court "may" order a fine in "an amount equal to the value of the property". Failure to pay the fine will result in a default judgement imposing a period of incarceration. |
Forfeiture of Weapons or Firearms (s. 491) | any | Where there is finding of guilt for an offence where a "weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of [the] offence and that thing has been seized and detained", or "that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance has been seized and detained, that the item be an enumerated weapon or related item be connected to the offence", then there will be a mandatory forfeiture order. However, under s. 491(2), if the lawful owner "was not a party to the offence" and the judge has "no reasonable grounds to believe that the thing would or might be used in the commission of an offence", then it should be returned to the lawful owner. |
Forfeiture of Offence-related Property (s. 490.1) | any | Where there is a finding of guilt for an indictable offence, "any property is offence-related property" where (a) by means or in respect of which an indictable offence under this Act or the Corruption of Foreign Public Officials Act is committed, (b) that is used in any manner in connection with the commission of such an offence, or (c) that is intended to be used for committing such an offence". Such property is to be forfeited to Her Majesty in right of the province. NB: does not apply to summary offences. |
Record Suspensions and Pardons
Convictions under s. 152 [invitation to sexual touching] are ineligible for record suspensions pursuant to s. 4 of the Criminal Records Act. An exception can be made under s. 4(3) for those offences where there was no relationship of “trust”, “authority” or “dependency”; no violence, threats or coercion; and age difference between victim and offender is less than 5 years.