Ramifications of this will really need to be addressed!
This is not a reduction to something like Manslaughter and is a complete walk, which I don't think should be the case.
To me this is like getting near black out drunk and then driving and it hard to see how this defense cannot now be used by black out drunk drivers. In fact you may no longer have the capacity to form any intent or intend any wrong but you took reckless actions while sober (getting drunk) which lead you to that place and thus a form of manslaughter, or other non murder charges imo could be applicable if you kill someone.
Canada Supreme Court rules self-induced extreme intoxication can now be violent crime defense
By REUTERS | May 13, 2022
Canada’s supreme court has ruled that defendants accused of violent crimes such as homicide and sexual assault can use self-induced extreme intoxication as a defense, striking down a federal law supported by women’s advocacy groups.
The supreme court said on Friday a law passed by parliament in 1995 that prohibits the defense was unconstitutional and violates the country’s Charter of Rights and Freedoms.
“Its impact on the principles of fundamental justice is disproportionate to its overarching public benefits. It should therefore be declared unconstitutional and of no force or effect,” writing for a unanimous supreme court...
...At issue was whether defendants accused of a violent crime in a criminal court can raise extreme intoxication – known as “non-mental disorder automatism” – as a defense.
In doing so, defendants can claim their actions were involuntary as a result of taking drugs or alcohol and, as a result, they cannot be held criminally responsible for their actions....
...women’s advocacy groups have said the law is needed to protect women and children as violence disproportionately affects them.
Four out of every five victims of intimate partner violence were women and women were five times more likely to experience sexual assault in 2019...
...The third case involved David Sullivan, who attempted suicide on 1 December 2013, by taking a prescription drug known to cause psychosis. In a psychotic state, he stabbed his mother, whom he thought was an alien. Sullivan was convicted of aggravated assault and assault with a weapon after the judge said he could not use an extreme intoxication defense.
The court of appeals, however, found the extreme intoxication law unconstitutional and acquitted Sullivan on both counts. Prosecutors appealed the ruling to the supreme court, which upheld his acquittal in Friday’s ruling.
Kasirer wrote that there are other paths for parliament to achieve its goals to address extreme intoxicated violence.
In 1994, the supreme court had ruled in favor of an extreme intoxication defense by a suspect who was accused of sexually assaulting a woman in a wheelchair while he was drunk.
In response to the supreme court’s ruling, Canada’s parliament passed a law which prohibited defendants from using extreme intoxication as a defense in violent crime cases....