What is the test for severity of a sexual assault?
Canada (Federal), Canada
The following excerpt is from T. C. v Minister of Employment and Social Development, 2017 CanLII 60047 (SST):
Villani indicates that the statutory test for severity should be applied with some degree of reference to the “real world” and that a decision-maker must take into account an applicant’s particular circumstances, such as age, education level and language proficiency, as well as past work and life experience. Bungay v. Canada (Attorney General), 2011 FCA 47, confirmed that a decision-maker must consider these details, when it wrote:
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