"The victim agreed only to sex with an intact condom and clearly did not want to get pregnant, so her boyfriend lacked informed consent for intercourse, the province’s Court of Appeal said in a 4-1 decision. Without consent, sex is considered assault under the Criminal Code."
This is frm a Jan 23,2013 NP article about Craig Jaret Hutchinson. He didn't get informed consent so it is sexual assault. The SCC confirmed this ruling. Yet in this current case the mother didn't' get informed consent (for exactly the same reason, misrepresentation of birth control) - why isn't she in jail too?
Thanks to poster blacknail for bringing the older case up.