Paper Summary:

This paper discusses Section 146(1) which is a federal statute insofar as it falls under Canadian federal criminal law. The paper begins by presenting the case of "Nguyen; R. v. Hess" in which Victor Hess and Van Nguyen were each charged with having sexual intercourse with a young woman under the age of fourteen - an activity that clearly contravenes section 146(1) of the Canadian Criminal Code and its prohibition against statutory rape. The paper discusses the case and the history of the laws in Canada.

Table of Contents:
Case Brief
Facts
Procedural History
Legal Arguments
Issues
Decision
Reasons for Majority Decision
Ratio (Guiding Rationale of the Majority)
Obiter Dictum
Dissent
The Essay

From the Paper:

"The parliament has the regulatory authority to re-shape as well as introduce bills that, with the assent of both Houses, can become law under the Canadian Criminal Code. With regards to Sections 151 and 152 of the Code, there is presently a movement afoot to elevate the age to which a child can lawfully consent to sexual activity from 14 to 16. Of course, the Parliament (and the government, of course) is rather constrained by the dictates of the Canadian Constitution; more specifically, the modifications made to any section of the Criminal Code must align with Section 7 and Section 15 guarantees of the Charter unless the implicit concept of proportionality as outlined under Section 1 of the Charter permits otherwise. In that sense, members of the federal judiciary have ultimate power in assessing the merits of the law."

Sample of Sources Used:

• "Case Summary: R. v. Hess; R. v. Nguyen," Research - Charter Summaries: R. v. Hess; R. v. Nguyen, 20 Apr. 2005, Mapleleafweb.com, 11 Apr. 2007 <http://www.mapleleafweb.com/scc/public3/decisions/1990_2scr_906_02.html>
• Department of Justice Canada. "Criminal Code (R.S., 1985, c. C-46)," Criminal Code. 28 Feb. 2007. Government of Canada. 11 Apr. 2007 <http://laws.justice.gc.ca/en/showdoc/cs/C-46/bo-ga:l_V//en#anchorbo-ga:l_V>
• Government of Canada, Department of Justice. "Canadian Charter of Rights and Freedoms: Part I." Canadian Charter of Rights and Freedoms. Department of Justice Canada. n.d. Government of Canada. 11 Apr. 2007 <http://laws.justice.gc.ca/en/Charter/index.html#egalite>
• Pilon, Marilyn. "Canada's Legal Age of Consent to Sexual Activity," PRB 99-3E, 12 Apr. 2001, Parliamentary Information and Research Service, Library of Parliament, 11 Apr. 2007 <http://www.parl.gc.ca/information/library/PRBpubs/prb993-e.htm>
• McKay, Robin. "Bill C-22: An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act," Legislative Summaries, 21 Feb. 2007, Library of Parliament: Parliamentary Information and Research Service, 11 Apr. 2007 <http://www.parl.gc.ca/common/bills_ls.asp?lang=E&ls=c22&source=library_prb&Parl=39&Ses=1#footnote1>

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