What criteria must be met to determine whether an allegation of sexual assault in the United States is valid?
Ontario, Canada
The following excerpt is from R. v. Mian Saeed Toor, 2009 CanLII 81409 (ON SC):
The offence alleged must be an offence in both the United States and Canada. In determining if that criteria is met, it is not the names of the offences that is determinative. Rather, it the essential elements of the offences that must be the same: Bolduc v. Quebec (Attorney General) (1982), 1982 CanLII 224 (SCC), 68 C.C.C. (2d) 413 (S.C.C.) at 419.
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