Lesson Plan XIII: Intoxication Flashcards
1
Q
Why is Intoxication relevant?
A
Because credibility is relevant –> perception of what happened could be distorted.
2
Q
Where does negation of Actus Reus come into play for Intoxication?
A
At the Extreme Intoxication/Incapacity/Automatism stage.
3
Q
What was the development of s.33.1?
A
Unfairly held people criminally responsible for actions that they committed in a state of Automatism, even when they couldn’t have reasonably predicted what would happen when consuming the substance.
SCC found this a violation of s.7 of the Charter and the presumption of innocence.
