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Fri May 13, 2022, 08:36 PM

Canada's top court says voluntary extreme intoxication a defence in violent crimes

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.

-snip-

Read more: https://globalnews.ca/news/8832723/supreme-court-canada-extreme-intoxication/

11 replies, 527 views

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Arrow 11 replies Author Time Post
Reply Canada's top court says voluntary extreme intoxication a defence in violent crimes (Original post)
Eugene May 13 OP
Pobeka May 13 #1
Irish_Dem May 13 #2
PoliticAverse May 13 #3
ananda May 13 #4
PoliticAverse May 13 #6
Sympthsical May 13 #5
Tomconroy May 13 #11
dalton99a May 13 #7
Ohio Joe May 13 #8
Solly Mack May 13 #9
Tomconroy May 13 #10

Response to Eugene (Original post)

Fri May 13, 2022, 08:43 PM

1. Wow. If you can't control yourself, don't get intoxicated.

The choice to intoxicate oneself was what voluntary in the first place.

To me, this is a case of overthinking the exceedingly obvious. I hope it is somehow reversed.

How do you punish a drunk driver now in Canada?

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Response to Eugene (Original post)

Fri May 13, 2022, 08:52 PM

2. If you want to commit a crime, get drunk first.

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Response to Eugene (Original post)

Fri May 13, 2022, 08:55 PM

3. So get really drunk, rape a woman, get away with it legally.

> violates the principles of fundamental justice in a system of criminal justice based on personal responsibility for one’s actions,

Apparently there is no personal responsibility for getting drunk?

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Response to PoliticAverse (Reply #3)

Fri May 13, 2022, 08:56 PM

4. Are those judges Trumpers too?

Is it contagious?

SHEESH

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Response to ananda (Reply #4)

Fri May 13, 2022, 09:01 PM

6. This sounds more like the case of extreme liberal justices. n/t

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Response to Eugene (Original post)

Fri May 13, 2022, 09:00 PM

5. How does this work with DUIs?

Because that would be . . . something.

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Response to Sympthsical (Reply #5)

Fri May 13, 2022, 09:35 PM

11. DUI usually doesn't involve intent.

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Response to Eugene (Original post)

Fri May 13, 2022, 09:03 PM

7. "The alcohol made me do it" "Ok, you're free to go"


WTF





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Response to Eugene (Original post)

Fri May 13, 2022, 09:06 PM

8. Err.... That's crazy...

That… Just makes zero sense to me.

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Response to Eugene (Original post)

Fri May 13, 2022, 09:07 PM

9. So, a rape victim just needs to get super drunk before they kill their rapist?

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Response to Eugene (Original post)

Fri May 13, 2022, 09:33 PM

10. It's a common ruling: intoxication theoretically negates intent.

As a practical matter I personally am unaware of it's being successfully used as a defense at trial.

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