Translate from:

    Translate to:

Self‑induced intoxication and the Defence to an offence against the bodily integrity of another person

A court must consider the specific principles that govern the insanity defence in order to determine whether s. 16 Cr. C. is applicable. If that defence does not apply, the court can then consider whether the defence of self‑induced intoxication under s. 33.1 Cr. C. is applicable if it is appropriate to do so on the facts of the case. Intoxication and insanity are two distinct legal concepts.

An accused who wishes to successfully raise the insanity defence must meet the requirements of a two‑stage statutory test. The first stage involves characterizing the mental state of the accused. The key issue to be decided at trial at this stage is whether the accused was suffering from a mental disorder in the legal sense at the time of the alleged events. The second stage of the defence provided for in s. 16 Cr. C. concerns the effects of the mental disorder. At this stage, it must be determined whether, owing to his or her mental condition, the accused was incapable of knowing that the act or omission was wrong. In the instant case, it is not in dispute that B was incapable of distinguishing right from wrong at the material time. Therefore, the only issue in this appeal is whether the psychosis resulted from a “mental disorder” within the meaning of s. 16 Cr. C.

Toxic psychosis does not always result from a “mental disorder”. In Stone, Bastarache J. proposed an approach for distinguishing toxic psychoses that result from mental disorders from those that do not. This approach is structured around two analytical tools, namely the internal cause factor and the continuing danger factor, and certain policy considerations.

The internal cause factor, the first of the analytical tools, involves comparing the accused with a normal person. The comparison between the accused and a normal person will be objective and may be based on the psychiatric evidence. The more the psychiatric evidence suggests that a normal person, that is, a person suffering from no disease of the mind, is susceptible to such a state, the more justified the courts will be in finding that the trigger is external. Such a finding would exclude the condition of the accused from the scope of s. 16 Cr. C. The reverse also holds true.

The second analytical tool, the continuing danger factor, is directly related to the need to ensure public safety.

The foregoing conclusion leads to the question whether s. 33.1 Cr. C. is applicable. This provision applies where three conditions are met: (1) the accused was intoxicated at the material time; (2) the intoxication was self‑induced; and (3) the accused departed from the standard of reasonable care generally recognized in Canadian society by interfering or threatening to interfere with the bodily integrity of another person. Where these three things are proved, it is not a defence that the accused lacked the general intent or the voluntariness required to commit the offence. Section 33.1 Cr. C. therefore applies to any mental condition that is a direct extension of a state of intoxication. There is no threshold of intoxication beyond which s. 33.1 Cr. C. does not apply to an accused, which means that toxic psychosis can be one of the states of intoxication covered by this provision.

Source: R. v. Bouchard-Lebrun, 2011 SCC 58

Contact Us

Toll Free: 1844DATTLAW (1-844-328-8529)

295 Matheson Blvd. East
Mississauga, Ontario
L4Z 1X8
map it
Nathan Forbes
Nathan Forbes
15:23 05 Jul 19
Aswani was introduced through a family friend and I was very pleased with his service. He was able to provide a better outcome then I had initially envisioned. Communication was great throughout the process. He is knowledgeable, professional and delivers. I would highly recommend him as legal more
D Parmar
D Parmar
22:24 23 Jun 19
Aswani is a very professional and knowledgeable lawyer and has handled our case with utmost care and taking care of all minute details. Made us feel comfortable and kept us well informed. Highly recommend his service as a more
IRIS Consulting
IRIS Consulting
16:43 04 May 19
I strongly recommend Aswani to people who need legal consulting. He is extremely competent and familiar with the system. He has handled some complex matters efficiently that I’d give him 5 stars. Keep up the amazing work Aswani. BR/Anandread more
Ryan Wolf
Ryan Wolf
23:24 21 Apr 19
Aswani k. Datt was randomly selected to represent me in a legal matter. He was professional, efficient, kind, caring, accommodating and very patient. He promised a quick and speedy resolve on my matter. He delivered as promise. He is highly recommended, and i want to thank him for everything that he has done for me. He is a brilliant and wonderful lawyer!read more
Sharanbir Khudal
Sharanbir Khudal
23:01 18 Apr 19
An Absolutely intelligent officer of the law, and an even better human being. He makes you feel comfortable and confident in your situation and will find ways to get you to your hopeful results in manners which you will not expect. I recommend him to everyone and anyone who needs legal help, not once, but as many times as necessary. If you’ve run across him for your legal needs, don’t look more
Zulfiqar Shah
Zulfiqar Shah
14:10 10 Apr 19
I am trying to find words to describe our experience with Mr. Aswani, I find myself pondering how to describe him. I find myself lost for words and a short precise description would be Brilliant and Professional Lawyer, Friendly person to deal with and whenever we met him there was always a warm friendly smile telling you to not to worry. Ones walks out with confidence that he has your back. These words are the minimum to describe him, at least from my experience. If for any reason anyone out there needs a Lawyer, I would extremely highly recommend Aswani K more
Ankur Gandhi
Ankur Gandhi
20:40 05 Mar 19
Best lawyer in town. Needed someone to represent me with my divorce case involving a child. He went above and beyond. Trust me you won't go wrong if he's your lawyer. And when he gives you an advise please take it because he's only thinking in best interest of his more
Next Reviews