Ottawa-based criminal lawyer Michael Spratt told VICE that in fact you can give consent after you’ve been drinking.
“You consent to many things when intoxicated. That doesn’t preclude you from making decisions,” he said.
“The real analysis that comes out in court is: Is the person so intoxicated that they are unable to consent to certain actions? Because we do recognize that if you are still intoxicated you are unable to make rational decisions.”