Canadian Judge in Marital Sexual Assault Case Places Cultural Practices Above the Law

Thanks to excellent reporting by Andrew Duffy of the Ottawa Citizen, Canadians recently learned of a disturbing decision from Ontario Superior Court Justice Robert Smith that acquitted a man of sexual assault against his former wife because the man and his then wife believed that their religion and culture entitled him to have sex with her whether she consented or not.

The decision is especially alarming as it is based on a presumption that Canada’s clear criminal law that requires actual consent to sexual contact is somehow superseded by a cultural or religious belief. Further, the ruling undermines specific protections enacted in Canadian law that protect women, including those who are married, from non-consensual sexual contact.

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  • We don’t have a justice system, only a legal one.

    This “justice” will extend beyond the Muslim community.

    (SEE: Caledonia)

    • WalterBannon

      We have a corrupt liberal banana republic shithole that is in need of a civil war

    • John Boy

      This is a public admission that Canada is now ruled by Islamic sharia law.

    • terrence22

      I don’t think we have legal system. What we have , in my never to be humble opinion, is a LAWYER SYSTEM. I am sure that all “judges” were lawyers; so ALL lawyers and judges play the same game, for their own benefit.

      • Perhaps that IS a better way of putting it. After all, lawyers and judges can make or break law at will.

        Thanks, stupid Charter!

  • WalterBannon

    Ontario Superior Court Justice Robert Smith should be stoned by vigilantes, because my religion says that is ok

    • andycanuck

      Beheading was the first thing that came to mind for me because I’m a practicing Asshole.

      • Justin St.Denis

        Then Canada needs more practicing assholes like you, Andy. 😉

    • Justin St.Denis

      Personally, I favour a more post-modern form of justice. “El judge” needs quartering, using Harley motorcycles driven by angry tattooed bikers with broken teeth and on a serious meth high.

  • Millie_Woods

    Superior court rules that muslim women are inferior. Everything in Ontario is fucked up right now. The next election won’t fix anything either.

    • Justin St.Denis

      Millie, if you live in Ontario you shouldn’t even bother to post your opposing opinion. By definition, your opinion is probably worth less than half of a man’s. Stick around. That legal precedent will be set, too. I hope wearing a burka doesn’t make EVERY woman look fat…..

      • Millie_Woods

        I’m in Alberta. It’s starting to get weird here too. The next provincial election will tell if it’s just a phase or the new normal.

    • canminuteman

      20 years from now these will be the “good old days”.

  • CodexCoder

    The term that is being coined for this type of ruling is cultural incompetency. In other words, ignorance of the law, coupled with an alternate cultural view is grounds for dismissal of charges. In short, if you didn’t know about the statute, and grew up in a culture where the statute would have been irrelevant because of other standards, you cannot be held responsible.

    And someday, Trudeau will be excused under the same idea. After all, he is totally ignorant and grew up with a silver spoon in his mouth, so he has no idea what the law says or why it should apply.

    See how easy it is to excuse malfeasance?

    • Alain

      Following the “logic” of this judge, honour killings are also fine and dandy due to cultural incompetency. Why not go all the way and just say the same thing for Muslim terrorism?

  • Malcolm Y

    Are all of our governments now officially a joke? When the law follows the latest trend among SJWs and other capricious ideas we’re close to Newspeak and the disappearing of the foundation of our society for the last thousand years. Who in their right mind would give any credibility to any system that the sand natives came up with?

  • Gary

    Don’t expect Wynne’s attorney genera to fight this…. he’s a pro-sharia muslim that may rape his wife the odd time and doesn’t see rape as bad.

    This is why i predicted that Liberals will legalize some pedophilia for 50+ years old men from iran to marry little girls and rape them at age 9 .

  • Allan

    It’s clear that the judge is an islamist apologist and has no place on the bench