offence of adultery in canada

Canada is the only country in the world where adultery can be committed without having actual sexual intercourse. Ordinarily, adultery is defined as having voluntary sexual intercourse between a married individual and any person other than his/her spouse. The term “voluntary sexual intercourse” is extremely relevant to constitute adultery. Thus, emotional cheating or lack of consummation would not amount to adultery.

However, in Canada, a landmark judgment in the year 1921 changed everything. The court interpreted the concept of adultery on the basis of reproductive invasion and not merely fornication.

What was Orford v. Orford, 1921 CanLII 471 (ON SC) all about?

In Orford v. Orford , the husband contended that his wife committed adultery as she bore a child outside of their wedlock. The wife, on the other hand, argued that the child was born from artificial insemination and she did not engage in any sexual activity. It was …