Supreme Court rules extreme intoxication can be defense in violent crime cases


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The Supreme Court of Canada on Friday ruled that defendants accused of violent crimes such as homicide and sexual assault can use self-induced extreme intoxication as a defence, striking down a federal law supported by women’s advocacy groups.

The high court said a law passed by Parliament in 1995 that prohibits the defense was unconstitutional and violates with the Charter of Rights and Freedoms.

At question was whether defendants accused of a violent crime in criminal court can raise extreme intoxication known as non-mental disorder automatism as a defense. In doing so, defendants claim their actions were involuntarily as a result of taking drugs or alcohol, and, as a result, cannot be held criminally responsible for their actions.


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