Under a Canadian Supreme Court decision on Friday, people who commit violence while intoxicated with alcohol, drugs or drugs can raise severe intoxication as a defense in court.
This judgment issued by the highest court in the country has the effect of repealing section 33.1 of the Criminal Code.
One of the cases the Court considered in this case was that of Matthew W. Brown, a young Albertan who violently assaulted a woman on Jan. 12, 2018 in Calgary, causing her permanent injuries.
These works were done while Mr. Brown is under the influence of alcohol and hallucinogenic drugs. Faced with charges of aggravated assault against him, the accused pleaded not guilty to automatism, that is to say that his abilities were impaired to the point where he could no longer control his actions. .
In its unanimous and comprehensive decision, the Supreme Court ruled that this defense of severe intoxication is valid in violent crime cases. For the court, the intention to get drunk cannot be replaced with the intention to commit a violent crime. In other words, a person who wants to get drunk does not necessarily commit a crime.
This judgment therefore reverses the acquittal judgment made for the first time in favor of Matthew Brown.
In addition, the judgment of the high judges repeals section 33.1 of the Criminal Code, according to which induced self-intoxication, which causes a person to be unable to control consciousness or become aware of his conduct, does not form a proper defense in the yard.
Written by Judge Nicholas Kasirer, the judgment states that this section of the Criminal Code violates the Charter of Rights and Freedoms in a way that cannot be justified in a free and democratic society, and is therefore unconstitutional.
The Supreme Court also considered two other cases: those of David Sullivan and Thomas Chan, two Ontarians who have committed-separately-violent crimes in their province. Both men challenged their guilty verdicts in the Ontario Court of Appeals.
In the case of Thomas Chan, he is entitled to a new trial. David Sullivan was acquitted.
Parliamentary intervention desired
In his judgment, Justice Kasirer urged the Canadian Parliament to consider new provisions so that people who are too drunk to commit violent crimes are held accountable for their actions. And this, the magistrate emphasizes, because the protection of victims of violent crime, particularly women and children, forms an compelling and meaningful social goal.
With information from Louis Blouin
Source: Radio-Canada
