"...
Convicting someone for how they conducted themselves while in a state of automatism violates principles of fundamental justice. Our criminal justice system is based on the notion of personal responsibility..."
I still argue this can and must be addressed by charging them with some form of negligence (manslaughter or homicide) for the actions they took prior to this voluntary automatism. I could understand this defense if someone slipped you something unbeknownst to you but when you take it voluntary and then act, seems to me could fit into the types of laws that hold you responsible for down stream actions, you did not intend, after you do something that proves to be reckless and stupid.
Letting a person walk absolutely free is not the right answer imo.
"..
.In Canada, two elements of fundamental justice are required for a person to be found guilty of a crime. They are a guilty action; and a guilty mind. Neither element is present when a person is in a state of automatism.”
Again, it is entirely possible that guy street racing at 150 thru residential neighbourhoods has not intent to crash his car or harm anyone. It is likely actually. But if he does do so and causes death, the lack of the guilty mind should not prevent him being held accountable for that death and I agree with the initial judge who stated that and was over turned. But I think a law that does not require intent might be able to pass here.
Supreme Court says MRU student's magic mushroom assault defence was valid
May 13, 2022
The country’s highest court has concluded extreme intoxication can be used as a defence in assault cases,
ruling in favour of a former Mount Royal University hockey player who attacked a professor while high on magic mushrooms.
In a decision released Friday, the Supreme Court of Canada reversed a July 2021 ruling by the Alberta Court of Appeal that struck down an acquittal of Matthew Brown,
who attacked an MRU professor in her home while high on psilocybin in 2018.
The court unanimously concluded Section 33.1 of the Criminal Code is unconstitutional. That section, passed by Parliament in 1995, was specifically written to prevent extreme intoxication as a defence in violent cases. The Crown used Section 33.1 during Brown’s trial to argue against his use of automatism as a defence.
“
Convicting someone for how they conducted themselves while in a state of automatism violates principles of fundamental justice. Our criminal justice system is based on the notion of personal responsibility,” the court stated in a brief of the decision.
“In Canada,
two elements of fundamental justice are required for a person to be found guilty of a crime. They are a guilty action; and a guilty mind. Neither element is present when a person is in a state of automatism.”
...the magic mushrooms he consumed had caused Brown to be in a state of “extreme intoxication akin to non-insane automatism.”
...He stripped naked and broke into the nearby home of Hamnett, who was assaulted and suffered life-altering injuries to her hands.
...After his acquittal, the Alberta Court of Appeal
ruled that the pre-trial judge should not have validated the automatism defence and overturned Brown’s acquittal.
In that decision,
Justice Frans Slatter said those who consume hallucinatory drugs should know doing so can lead to severe consequences.
“It
is demonstrably justifiable to hold persons like (Brown) accountable for their decisions to consume substances known to affect human behaviour,” reads Slatter’s decision.
But
the Supreme Court concluded Section 33.1 violates the Charter of Rights and Freedoms by leading society to believe a person’s choice to become intoxicated is an intention to commit a violent offence, while freeing prosecutors from the need to prove the assault was voluntary.
On Friday, a “disappointed” Hamnett said in a statement she fears the Supreme Court decision will have negative repercussions for other victims and gives carte blanche to offenders.
...“That is the shocking part — today the Supreme Court basically said it’s allowable to attack, hurt and even kill someone, if the perpetrator is out of control due to drugs or alcohol that were most likely ingested intentionally and willingly.”
The federal government enacted the existing law limiting intoxication as a defence in 1995 amid a backlash over a court ruling that recognized drunkenness could be raised as a defence against a sexual assault charge.
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‘Absolutely absurd’: London women’s groups react to Supreme Court extreme intoxication ruling
Many London, Ont., women’s groups are displeased with what could be seen as a landmark ruling by the Supreme Court of Canada last Friday.
On May 13, the Supreme Court issued a decision to allow criminal defendants in cases involving assault – including sexual assault – to use a defence known as extreme self-induced intoxication.
That 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.
Under Section 33.1 of the Criminal Code, extreme intoxication cannot be used as a defence in criminal cases where the accused voluntarily ingested the intoxicating substance.
Formally known as
non-insane automatism, the term is defined in Canadian law as “a state of unconsciousness that renders a person incapable of consciously controlling their behaviour while in that state.”
The federal government added the provision to the Criminal Code in 1995 with concern “that
self-induced intoxication may be used socially and legally to excuse violence, particularly violence against women and children.”
However, the
court’s ruling declared that section unconstitutional, saying it conflicts with and violates the Charter of Rights and Freedoms
because it is too broad.
This led to a unanimous nine-judge vote to declare the law unconstitutional.
“The Criminal Code for a long time prohibited the use of extreme intoxication as a defence, and for this to make its way all the way to the Supreme Court and for all nine judges to decide unanimously that it is a viable defence now really throws the criminal justice system into some confusion as to where this is going to go,”
...“The defence is available; it doesn’t mean it’s going to fly in every case, or in the majority of cases, but it certainly does try to balance offenders’ row or accused individuals’ rights,”...
...“Women are already disproportionately affected when it comes to assault and sexual assault so this will affect them tenfold,” said Dunn. “To be able to use that as an excuse and potentially not be convicted for their crimes is absolutely absurd.”
...Anna Lise Trudell, manager of marketing, education, training and research at Anova, says about 50 per cent of sexual assaults involve the use of alcohol and that the extreme self-induced intoxication defence is worrisome.
“When we think about a possible comparator, if you drink and drive and you harm somebody, you are responsible for those actions,” said Trudell. “There seems to be this odd double standard in particular to sexual assaults and sexual violence.”