The federal Liberals tabled a bill Friday that seeks to eliminate B次元官网网址渟elf-induced extreme intoxicationB次元官网网址� as a legal defence for violent crimes, after the Supreme Court struck down a similar provision in May.
Bill C-28, introduced by Justice Minister David Lametti, would add new language to the Criminal Code that creates criminal liability when a person who commits a violent crime is B次元官网网址渋n a state of negligent self-induced extreme intoxication.B次元官网网址�
For a person to be found liable for their actions under the drafted update of Section 33.1 in the code, prosecutors would need to establish that they were criminally negligent.
The court would need to consider whether a reasonable person in that situation could have foreseen the risk that ingesting intoxicating substances could B次元官网网址渃ause extreme intoxication and lead the person to harm another person.B次元官网网址�
The specific circumstances of the case would factor into the analysis, such as the substance itself and the quantity that was consumed, the personB次元官网网址檚 state of mind at the time and anything they may have done to mitigate such a risk.
B次元官网网址淓xtreme intoxicationB次元官网网址� is defined in the bill as intoxication that renders a person unaware of, or incapable of consciously controlling, their behaviour.
It is not a presumed defence, meaning that the test would only apply if a defendant specifically raises it.
This has only ever happened a handful of times, Lametti said.
It would not apply to the vast majority of cases where drugs or alcohol are involved B次元官网网址� and B次元官网网址渁lmost neverB次元官网网址� in situations where only alcohol was consumed.
B次元官网网址淭his is not about being really drunk or really high,B次元官网网址� he said, repeating several times: B次元官网网址淏eing drunk or high is not a defence for committing criminal acts like sexual assault.B次元官网网址�
Marci Ien, the Liberal minister for women and gender equality and youth, told reporters the government has been increasingly concerned about online misinformation suggesting that the recent Supreme Court decision meant that being drunk could be a defence for sexual assault.
She cited social media posts with hundreds of thousands of likes and views, including one that suggested B次元官网网址渞ape is now legal if youB次元官网网址檙e intoxicated.B次元官网网址�
Lametti said one of the motivations for closing the gap in the law so quickly was to address some of the rising fear and confusion around the decision.
B次元官网网址淵ou donB次元官网网址檛 want someone to think, B次元官网网址極h, I can have a few drinks and do whatever the blank I want,B次元官网网址橞次元官网网址� he quipped.
In its unanimous May ruling, the Supreme Court made it clear that being drunk will never get someone off the hook for a violent crime.
Justice Nicholas Kasirer wrote in the decision that under the previous wording of Section 33.1, convicting someone for how they behave in a state of automatism, or when they are too intoxicated to stay in control of themselves, violates principles of fundamental justice.
The wording had been added by the Liberal government of Jean Chr茅tien in 1995, in response to a 1994 Supreme Court decision that acquitted a man of sexual assault because he was blackout drunk at the time of the offence.
But it failed the constitutional test because a person could be convicted without the prosecution having to prove that they acted voluntarily or that they ever intended to commit a crime鈦� B次元官网网址� even though a B次元官网网址済uilty actionB次元官网网址� and a B次元官网网址済uilty mindB次元官网网址� must ordinarily be present for someone to be found criminally responsible.
On that basis, the court upheld two acquittals of men who committed violent acts after voluntarily consuming drugs, and ordered a new trial in a third, similar case.
Some groups expressed concern about the court ruling, with Kerri Anne Froc of the National Association of Women and the LawB次元官网网址檚 steering committee urging action to rectify a gap in the criminal justice system and protect women and children, often the victims of these crimes.
The court suggested Parliament could enact new legislation to update the language of the Criminal Code in such a way that B次元官网网址渆xtremely intoxicatedB次元官网网址� people could still be held accountable for their violent crimes鈦�.
LamettiB次元官网网址檚 office reacted with what he called B次元官网网址渓ightning speed,B次元官网网址� consulting with stakeholders, court interveners and members of Parliament to come up with a solution that could get broad support.
Pam Hrick, the executive director and general counsel of the WomenB次元官网网址檚 Legal Education and Action Fund, appeared alongside ministers at FridayB次元官网网址檚 news conference and praised the governmentB次元官网网址檚 B次元官网网址渢houghtful, nuanced and constitutional response.B次元官网网址�
Asked whether he expects the bill to be passed by unanimous motions before the House of Commons and Senate rise next week for a summer break, Lametti said he is optimistic.
B次元官网网址淭here is a point of agreement here, and I hope we can move this forward.B次元官网网址�
The NDPB次元官网网址檚 justice critic, Randall Garrison, said in a statement that his party will push to have the bill passed quickly.
The Conservatives say they are still reviewing the legislation.
B次元官网网址� Marie-Danielle Smith, The Canadian Press
