S.273.2(b) reasonable steps requirement for sexual assault. Requires reasonable steps not ALL reasonable steps
Does s.273.2(b) eliminate the mistake of fact defence?
s.273.2(b) does not infringe s.7 because it still allows for some defence of mistake of fact
The mistake does not have to be reasonable.
**It is based on the reasonable person in the situation of the accused – knowing what he knew
**Infer a subjective state of mind from what a reasonable person would have done in the circumstances