A Canadian Sexual Consent Form is a written document by which two individuals formally and voluntarily agree to engage in specified sexual activities. The form is designed to create a contemporaneous written record of mutual, informed, and voluntary consent as defined under section 273.1 of the Criminal Code of Canada (R.S.C. 1985, c. C-46). While sexual consent in Canada does not legally require a written document, this form provides documentation that both parties voluntarily agreed to the specified activities at a specific time.

Canadian law defines consent as the voluntary agreement of the complainant to engage in the sexual activity in question. The Criminal Code specifies several circumstances where no consent is obtained, including where agreement is expressed by someone other than the complainant, where the complainant is incapable of consenting due to intoxication or other factors, where the accused induces consent through abuse of a position of trust or authority, or where the complainant expresses a lack of agreement to engage in the activity or to continue it (s. 273.1(2)). The Supreme Court of Canada in R. v. Ewanchuk (1999 SCC) held that consent must be affirmative and communicated.

It is important to understand that this form does not replace or override the legal requirement for ongoing, contemporaneous consent. As the Supreme Court confirmed in R. v. J.A. (2011 SCC 28), consent must exist at the time of the sexual activity and cannot be given in advance for activity that occurs while the person is unconscious. This form documents the initial agreement but does not prevent either party from withdrawing consent at any time during the activity.

A Sexual Consent Form may be used whenever two adults wish to document their mutual, voluntary agreement to engage in sexual activity. While not a legal requirement in Canada, the form provides a written record that may be useful for both parties. It is particularly relevant in situations where clear documentation of consent is desired, such as in new or casual relationships where both partners want to establish clear boundaries and expectations.

The form is also useful for documenting specific agreed-upon activities and any limitations or boundaries, the use of contraception methods, and the method by which either party can communicate withdrawal of consent. This documentation can help prevent misunderstandings about the scope of consent and ensure that both parties have discussed and agreed upon the terms of their intimate encounter.

The form should be signed before the sexual activity takes place, while both parties are sober and capable of giving informed consent. It should not be signed under any form of coercion, pressure, or while either party is intoxicated to a degree that affects their capacity to consent.

An effective Canadian Sexual Consent Form must contain several essential elements. First, it must identify both parties by their full legal names and addresses, establishing who is agreeing to the specified activities. The form must include the date and time of the agreement to create a temporal record of when consent was given.

The form must clearly list the specific sexual activities that both parties consent to, as consent to one activity does not constitute consent to another. This specificity is consistent with the Criminal Code’s definition of consent as agreement to engage in the sexual activity in question. A contraception clause may be included to document the agreed-upon methods of birth control.

Critically, the form must include a withdrawal clause that acknowledges each party’s right to withdraw consent at any time, without reason, as guaranteed under Criminal Code s. 273.1(2)(e). The method of communicating withdrawal should be specified. A confidentiality clause protects both parties’ privacy. The form should reference the Criminal Code’s definition of consent and should be signed and dated by both parties. The governing province should be specified. Both parties should affirm that they have reached the legal age of consent under Canadian law and that they are of sound mind and signing voluntarily.