Canada: No consent in unconscious sex case, Supreme Court rules (even when consent is given beforehand)

Article here. Excerpt:

'People cannot consent in advance to sexual activity that takes place while they are unconscious, the Supreme Court ruled Friday.

The closely watched case involved an Ottawa man and his live-in partner of nine years who engaged in erotic asphyxiation.

In a split 6-3 decision issued Friday, the court restored the man’s conviction for sexual assault for performing a sex act on his girlfriend while she was unconscious.

“Parliament’s definition of consent does not extend to advance consent to sexual acts committed while the complainant is unconscious,” Chief Justice Beverley McLachlin wrote for the majority.

“The legislation requires ongoing, conscious consent to ensure 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.”
...
They also stressed the fact that the complainant approached the police only after a domestic squabble. She later recanted, which they claimed ought to have ended the matter. To the Crown, however, a recantation is a red flag often signalling that a woman has been pressured to drop her allegations.'

Also reported at CBC:
http://www.cbc.ca/news/canada/story/2011/05/27/pol-scoc-sex-consent.html