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R v Nguyen; R v Hess, [1990] 2 S.C.R. 906

Facts:

s.150.1 – age of consent sections – they do not remove the mistake of fact. There is a mistake of fact defence if the complainant took all steps to ascertain the age of the girl

Ratio:

True crimes that do not provide a minimum of due diligence defence violate s.7, they are not in accordance with PFJs

Holding:

Offence violates s.7, it is rationally connected, by limit is not proportionate to the effects


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