The Supreme Court said Friday that a law passed by parliament in 1995 that prohibits the defense is unconstitutional
Canada’s Supreme Court ruled Friday that defendants charged with violent crimes such as murder and assault can use self-induced extreme intoxication as a defense, overturning a federal law supported by women’s advocacy groups.
The Supreme Court said a law passed by parliament in 1995 that prohibits the defense is unconstitutional and violates the Charter of Rights and Freedoms.
The question was whether suspects charged in criminal courts with a violent crime could generate extreme intoxication, known as non-mental disorder automatism, as a defense. Defendants argue that their actions were involuntary as a result of the use of drugs or alcohol, and as a result, they cannot be held criminally responsible for their actions.