Canada's top court says voluntary extreme intoxication a defence in violent crimes [View all]
Source: Global News
Canada’s top court says voluntary extreme intoxication a defence in violent crimes
By Amanda Connolly Global News
Posted May 13, 2022 11:37 am
Updated May 13, 2022 7:05 pm
The Supreme Court of Canada issued a major decision on Friday allowing criminal defendants in cases involving assault — including sexual assault — to use a defence known as self-induced extreme intoxication.
Effectively, it means defendants who voluntarily consume intoxicating substances and then assault or interfere with the bodily integrity of another person can avoid conviction if they can prove they were too intoxicated to control their actions.
“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.
Under Section 33.1 of the Criminal Code, extreme intoxication — formally known as non-insane automatism — cannot be used as a defence in criminal cases where the accused voluntarily ingested the intoxicating substance.
The court’s ruling declares that section is unconstitutional.
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Read more: https://globalnews.ca/news/8832723/supreme-court-canada-extreme-intoxication/
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