Should ‘self-induced extreme intoxication’ be a valid defence for murder or sexual assault?

Canada’s Supreme Court said “yes,” back in a May ruling. Now the federal government is tabling a bill to say “no,” in June. The defence itself is narrow and nuanced, but the idea of allowing intoxicated people to shirk responsibility in court is highly divisive.

Today we’re joined by Pam Hrick. She’s executive director and general counsel at LEAF, the Women’s Legal Education and Action Fund.

“It was, section 33.1 of the criminal code and it basically said no, you cannot rely on that defence for certain crimes including the crime of sexual assault, and parliament said we want to recognise that intoxication and violence against women and children often go hand and hand,” she said.

So what is the actual definition of “self-induced extreme intoxication”? What happened in the cases that set this precedent? And what would the impact be in the day-to-day operation of our justice system?

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