Mowers and Whitley v. The Queen (1994)

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LEAF intervened before the Supreme Court of Canada in the appeals of Mowers and Whitley, two of the three men convicted of sexual assault in the gang rape of a young woman. Mowers and Whitley asked the courts to overturn their convictions and allow them to rely on the mistaken belief of consent defense at a new trial. Defense counsel raised the "mistaken belief in consent" defence in that the accused honestly (but mistakenly) believed that the complainant consented to sex. At their trials, all three men said that the complainant actively participated in "group sex". Mowers and Whitley claimed that, since the complainant was passive throughout the assault, she led them to believe she was consenting.

LEAF argued for the first time that such a mistake of law cannot operate as a defence. Fortunately, the Supreme Court denied the appeals of the accused; however, the Court was short in addressing issues around the application of the mistaken belief of consent defence.

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Supreme Court of Canada Decision (1994)