Canada - Supreme Court to rule on whether extreme intoxication can be used as a criminal defence

[S.J.B.]

Supreme Court to rule on whether extreme intoxication can be used as a criminal defence
Richard Raycraft
CBC
October 12th, 2021

The highest court in the country heard arguments Tuesday on the constitutionality of a controversial section of the Criminal Code which says self-induced intoxication cannot be used as a defence.

At issue were the cases of two Ontario men: Thomas Chan and David Sullivan.

In 2015, Chan — then a 19-year-old student — took a large dose of psilocybin (the compound in so-called "magic mushrooms") before stabbing his father to death and seriously injuring his father's partner at their home in Peterborough.

Two years prior, Sullivan — a Whitby man with a criminal record — attempted suicide by taking the prescription medication Wellbutrin but ended up stabbing his mother under the influence of the drug. She survived the assault but later died of an unrelated heart attack.

Both men pleaded not guilty and were convicted. The Ontario Court of Appeal overturned those decisions.

Read the full story here.

 

[deficiT]

Will be interested to see which way this goes.

Stole this post for a post to FB.

You're on the front page! Say cheese

 

[JackARoe]

There are some things that irk me as much as they do Judge Judy. There was a guy in her court trying to blame LSD for some shitty act he did and she looked at him and said you are responsible for your own actions not LSD. I never liked Judge Judy but that day my respect grew a little.

This is a crappy defense. It will stain a lot of the drugs we hold dear. And as someone that has a Canadian wife and lived in Canada I say enough. Start charging youths with crimes to as to keep them accountable too. I have seen kids 15 years old in the states get triple life sentences for grizzly murders. Canada needs to start doing that too.

 

[deficiT]

There are some things that irk me as much as they do Judge Judy. There was a guy in her court trying to blame LSD for some shitty act he did and she looked at him and said you are responsible for your own actions not LSD. I never liked Judge Judy but that day my respect grew a little.

This is a crappy defense. It will stain a lot of the drugs we hold dear. And as someone that has a Canadian wife and lived in Canada I say enough. Start charging youths with crimes to as to keep them accountable too. I have seen kids 15 years old in the states get triple life sentences for grizzly murders. Canada needs to start doing that too.

I agree with your assessment.

I personally don't think this will be successful most likely though.

 

[ions]

 

[Jabberwocky]

I don't like this. Why is this even up for debate? People need to be held accountable for their actions at all times. "Extreme intoxication" or not.

How are they going to define "extreme intoxication" then? I can drink 24 cans of beer, while someone passes out after drinking 8. If i had violent intentions and extreme intoxication was a valid defense, i would make pretty fucking sure that i drink at least 30 beers before doing my violent shit which i contemplated thoroughly and planned, while sober. Thumbs down.

I liked the point @JackARoe made: "This is a crappy defense. It will stain a lot of the drugs we hold dear." <--- THIS!!!

 

[Joey]

I’m actually a little unsure how I feel. Like obviously people get fucked up, but it shouldn’t be a murder defence and rape and things like that, ever. Case by case, though if they rule not a defence, I’m in support overall.

 

[deficiT]

I don't like it either. Like the media already does the work of scapegoating substances for people's shitty behavior. Last thing we need is laws codifying this.

 

[S.J.B.]

Presumably, even if the Ontario Court of Appeal's decision is upheld, defendants in cases like this could still be charged under "causing death by criminal negligence" or "causing bodily harm by criminal negligence", which may be more fitting than homicide, assault, etc. where someone commits an act of violence while in a psychotic state due to drug intoxication.