Extreme intoxication defence Canada

2022 - 5 - 13

Supreme Court rules extreme intoxication defence available for ... (CBC.ca)

A Calgary man who broke into the home of a university professor and attacked her with a broom handle has seen his acquittal reinstated after the Supreme ...

All of a sudden, Brown stopped and left the house. This opens a terrifying flood gate ... and I fear for future victims." He said he'd had a positive experience the first time. In 2018, Brown was a Mount Royal University student. At trial, psychologist Dr. Thomas Dalby testified Brown was in a state of "short-term but acute delirium" at the time of the offences. Sullivan injured his mother, while Chan killed his father. The friends were drinking and taking magic mushrooms. "I would say there is that there is a sense of urgency; any time that there's a gap in the criminal code, there is a sense of urgency." "One who chooses to self-intoxicate to the point of losing all conscious control and risking their life and creating a risk of injury and perhaps loss of life to other people is not engaged in morally innocent behaviour," wrote prosecutor Deborah Alford. In their 47-page factum, Fagan and co-counsel Michelle Biddulph argued Brown could not appreciate the nature and consequences of his actions and therefore should not face criminal conviction "for conduct that they were not aware of or could not control." The court emphasized that "protecting the victims of violent crime — particularly in light of the equality and dignity interests of women and children who are vulnerable to intoxicated sexual and domestic acts — is a pressing and substantial social purpose." A Calgary man who, while naked, broke into the home of a university professor and attacked her with a broom handle has seen his acquittal reinstated after the Supreme Court of Canada ruled the defence of self-induced extreme intoxication is available in cases of violence.

Extreme intoxication can be used as a defence for violent crime ... (The Globe and Mail)

The court strikes down a 1995 federal law that blocks the use of the defence, saying it violates the Charter of Rights and Freedoms.

“It is critically important to emphasize that today’s decision does not apply to the vast majority of cases involving a person who commits a criminal offence while intoxicated,” he said in an e-mailed statement. She said the use of psychoactive drugs such as crystal meth has been increasing, “and there are always worries that in these states, there’s violence.” She was pleased that the court encouraged Parliament to find constitutionally acceptable ways to address the problem. In the firestorm that ensued, Parliament quickly passed a law blocking the use of the defence in violent crimes. Mr. Chan’s lawyers, Matthew Gourlay and Danielle Robitaille, said they would make submissions to the Crown that another trial would be pointless in light of the ruling. The two Ontario men were convicted at trial because they were blocked from using the defence of automatism; each was sentenced to five years in prison. In 1994, the court threw out a conviction against a man who had consumed seven or eight bottles of beer and a large bottle of brandy, then sexually assaulted a woman in a wheelchair.

Intoxication can be violent crime defense, Canada supreme court rules (The Guardian)

People accused of violent crimes such as homicide and sexual assault can use self-induced extreme intoxication as a defense.

The court of appeals, however, found the extreme intoxication law unconstitutional and acquitted Sullivan on both counts. The issue came before the supreme court last fall when justices heard arguments regarding the constitutionality of the statute as it pertained to three separate cases. It should therefore be declared unconstitutional and of no force or effect,” writing for a unanimous supreme court, Justice Nicholas Kasirer said of the law.

Canada's top court says voluntary extreme intoxication a defence in ... (Globalnews.ca)

The Supreme Court of Canada ruling, called R. v. Brown, means an accused may be able to escape conviction if they can prove they were too intoxicated to ...

It is critically important to emphasize that today’s decision does not apply to the vast majority of cases involving a person who commits a criminal offence while intoxicated.” The common effects of the intoxicant, its legality, and the circumstances in which it was obtained and consumed may be relevant to a marked departure standard.” Chan’s lawyers had previously sought to use the defence during his initial trial. “Protecting the victims of violent crime — particularly in light of the equality and dignity interests of women and children who are vulnerable to intoxicated sexual and domestic violence — is a pressing and substantial social purpose.” The same definition is used to support the defence of “insane automatism,” which is what is used in criminal cases where the accused is found to be not criminally responsible. “To deprive a person of their liberty for that involuntary conduct committed in a state akin to automatism — conduct that cannot be criminal — violates the principles of fundamental justice in a system of criminal justice based on personal responsibility for one’s actions,” wrote Justice Nicholas Kasirer in the unanimous nine-judge ruling.

Law barring use of extreme intoxication as criminal defence ... (CTV News)

The Supreme Court of Canada ruled on three cases Friday that examined whether people who commit certain violent crimes can use the defence of automatism -- a ...

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Canada's Supreme Court says extreme intoxication a valid defence ... (National Post)

The Supreme Court of Canada on Friday ruled that defendants accused of violent crimes such as homicide and sexual assault may use self-induced extreme ...

The Court of Appeals, however, found the extreme intoxication law unconstitutional and acquitted Sullivan on both counts. Sullivan was convicted of aggravated assault and assault with a weapon after the judge said he could not use an extreme intoxication defence. The issue came before the Supreme Court last fall when justices heard arguments regarding the constitutionality of the statute as it pertained to three separate cases.

Canada Supreme Court rules extreme intoxication can be violent ... (Reuters)

The Supreme Court of Canada on Friday ruled that defendants accused of violent crimes such as homicide and sexual assault can use self-induced extreme ...

The Court of Appeals found the extreme intoxication law unconstitutional and acquitted him. The issue came before the Supreme Court last fall when justices heard arguments regarding the constitutionality of the statute as it pertained to three separate cases. It should therefore be declared unconstitutional," writing for a unanimous Supreme Court, Justice Nicholas Kasirer said of the law.

MRU prof victim 'very disappointed' after Supreme Court upholds ... (CTV Toronto)

The Supreme Court of Canada has restored the acquittal of a Calgary man who consumed psilocybin — better known as magic mushrooms — before attacking a woman ...

8 hr ago 8 hr ago 8 hr ago 8 hr ago 8 hr ago 8 hr ago A dispute in Richmond between a horse stable and its neighbour is getting ugly. Water flowing down the Colorado River fills Lake Mead, which is now drying up. "This case dealt solely with the narrow window of extreme intoxication, basically, drug induced psychosis. Such as manslaughter, assault and sexual assault," said Lisa Silver, an associate professor in the faculty of law at University of Calgary. and I fear for future victims," she said. "Where is the justice in that?

Extreme intoxication defence Canada

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