She testified that she woke up to one of the appellants pulling
down her pants and that both appellants engaged her in sexual
activity. The appellants maintained that the complainant consented to the sexual activity.
 The appellants raise numerous grounds of appeal. I am
satisfied that the appeal must be allowed on two grounds. First,
the trial judge did not identify the relevant factors to be considered when assessing whether the complainant had the capacity
to consent to sexual activity. His reasons may be read as equating any degree of impairment by alcohol with incapacity; this is
an error of law. Second, the trial judge failed to, first and separately, consider the issue of consent, apart from the issue of
capacity; this is also an error of law. While the convictions could
have been sustained on the basis that the complainant did not
consent to the sexual activity regardless of her capacity, the
reasons of the trial judge do not make it clear that he made
a finding in that regard, or whether his statement that she did
not consent dealt only with the invalidity of any consent because
of the effects of alcohol.
A. Summary of the Evidence
 On the Canada Day long weekend in 2013, C.R. accompanied her mother, stepfather and her seven-year-old brother on
a camping trip. Four of her mother’s co-workers also attended,
including the appellants, who were common-law spouses.
 The group arrived at the campground on Friday, June 28.
The appellants set up a hardtop camper trailer, the sides of which
were made of canvas. Two beds extended from each end of the
trailer. The appellants slept in the trailer. The appellants and the
other members of the group used the trailer to store food, snacks,
alcohol and other drinks. C.R. and her family slept in a tent about
20 feet from the trailer.
 On the Sunday night, C.R. and her younger brother
planned to sleep in the trailer with the appellants. C.R. said her
parents and the appellants agreed to this arrangement; the
appellant G.F. said there was no such agreement. That night,
while sitting around the fire, C.R. testified that G.F. gave her
shots of a liqueur; she also consumed some beer. C.R. began to
feel nauseous and dizzy, and decided to lie down in the trailer. She
had been in the sun all day. C.R. said her brother was in the
trailer playing games with her on her iPhone for some time, but
then he left. C.R. said G.F. entered the trailer and gave her more
alcohol — shots of peach vodka. C.R. estimates that G.F. gave
her between eight and ten shots in total. She then vomited with
some of her vomit spilling onto the mattress cover, leaving