In Canada, the law states that there must be an affirmative “yes”–or voluntary agreement–to engage in sexual relations. Without active agreement, or consent, sexual violence occurs, and it is a criminal offence. The NSCAD Sexual Violence policy defines consent to sexual activity as the voluntary agreement to engage in sexual activity and to continue to engage in the sexual activity. 

Consent means that all persons involved demonstrate through words or actions, that they freely and mutually agree to participate in the sexual activity.  

• Consent must be obtained at the outset and at all stages of sexual activity on an ongoing basis.  

• Consent can be withdrawn at any time.  
• Silence or the absence of “no” is not consent.  
• Consent cannot be assumed from passivity, immobility or an absence of resistance or perceived resistance.  
• An individual cannot rely only on their subjectively held (mistaken) belief that the other person is communicating consent but must take active and ongoing reasonable steps to confirm that consent.  
• An individual’s state of intoxication is not a defence to sexual contact without consent.  

• Someone who is incapacitated cannot consent.  
• Past consent earlier on the day or night in question or on previous occasions does not imply contemporary, ongoing or future consent.  
• There is no consent where one person abuses a position of trust, power or authority over another person.  
• There is no consent where there is coercion, force, threat, or intimidation towards any person or where there is fraud or withholding of critical information that could affect a person’s decision to consent.  

The meaning of consent is important to understand because without consent, sexual activity is violence. Understanding consent means to respect the boundaries of other people and understanding when your own boundaries have been violated. 

If you are unsure of the meaning of consent or if a sexual activity was consensual, talk to the Director of Opportunity and Belonging.