Canada Government Man Extreme Canada

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

Reading now: 134
globalnews.ca

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.

Thomas Chan gets new trial after Supreme Court rules extreme intoxication can be used as defence The court found that, despite the “laudable purpose” of the criminal code provision, it runs afoul of the Charter of Rights and Freedoms because it is too broad.“The legitimate goals of protecting the victims of these crimes and holding the extremely self-intoxicated accountable, compelling as they are, do not justify these infringements of the Charter that so fundamentally upset the tenets of the criminal law,” the court said in the ruling.“With s.

Read more on globalnews.ca
The website covid-19.rehab is an aggregator of news from open sources. The source is indicated at the beginning and at the end of the announcement. You can send a complaint on the news if you find it unreliable.

Related News

Eddie Vedder - 18-year-old drums for Pearl Jam as Matt Cameron continues COVID recovery - nme.com - state California - county Day - city Seattle - county Oakland
nme.com
84%
800
18-year-old drums for Pearl Jam as Matt Cameron continues COVID recovery
Pearl Jam were joined on drums by an 18-year-old at their Oakland, California show this weekend – see footage below.The Seattle legends’ drummer Matt Cameron is out of action on the band’s current tour after testing positive for COVID, so they’ve been enlisting stand-in drummers.Pearl Jam were joined by a fan on drums at their Oakland show on Thursday (May 12), with touring member and former Red Hot Chili Peppers guitarist Josh Klinghoffer also stepping in on drumming duties for a series of tracks including Neil Young’s ‘Rockin’ In The Free World’, ‘Elderly Woman Behind The Counter In A Small Town’, ‘Why Go’ and ‘Corduroy’.With Cameron still isolating, Saturday’s (May 14) show also saw the band recruit another stand-in drummer for a song.Kai Neukermans joined the band for 2013 song ‘Mind Your Manners’, and told the San Fransisco Chronicle that, after hearing that Cameron was unavailable to play the show, he texted Pearl Jam frontman Eddie Vedder‘s daughter Olivia, who he had met on a previous occasion.He was then invited to send a video of him drumming along to a Pearl Jam track, which he skipped school to do, and ended up on stage at the Oakland Arena.Fan-shot footage sees Vedder telling the crowd during the show: “Everybody this is Kai; Kai this is everybody! You’re leading the band, brother.”See footage below.Last week, Pearl Jam honoured Foo Fighters’ late drummer Taylor Hawkins during their LA concert at The Forum by performing 2005 song ‘Cold Day In The Sun’.The original version of the track featured Hawkins on lead vocals and, for the Seattle band’s performance of it, Cameron took on singing duties.Cameron and Hawkins previously worked together in the band Nighttime Boogie Association, releasing two songs together
DMCA