Law360 Canada (February 22, 2023, 6:48 AM EST) -- Appeal by the Crown from the acquittal of Bileski on a charge of sexual assault. The Crown argued that the trial judge erred in law by considering irrelevant evidence in her assessment of consent. Bileski, the complainant and other family members were camping at a Saskatchewan provincial park. After the others had gone to bed, Bileski and the complainant retreated to the camper in which the family was staying. The complainant testified once she and Bileski were in the trailer for the night, he made sexual advances toward her. She told him she did not want to have sex, as her children and his sister were also in the camper. Bileski persisted, took her clothes off and proceeded to have non-consensual sex with her. Bileski stopped when she refused to kiss him. An argument ensued, which ended with Bileski driving away from the campsite. Part of the evidence at the trial was text messages exchanged between Bileski and the complainant after these events. The trial judge found the text messages sent by Bileski were insufficient to amount to the defence of honest but mistaken belief in communicated consent, as described in Barton. The trial judge concluded she was left with a reasonable doubt about the actus reus of the offence. She found Bileski not guilty of the charged offence....