Federal law on intoxication sex assault defence unconstitutional: Ontario judge

Federal law on intoxication sex assault defence unconstitutional: Ontario judge

TORONTO — People accused of sexual assault in Ontario are once again allowed to use excessive intoxication as a defence against criminal charges, a judge has ruled, finding that a federal law preventing such an argument is unconstitutional.

Superior Court Justice Nancy Spies' ruling relates to a Supreme Court decision established in the early '90s that drew so much ire that Ottawa introduced a law to limit its perceived impact. That law — s. 33.1 of the Criminal Code — has had several detractors over the years but proponents said it was essential to protect women and children from violence perpetrated by those under the influence.

 


Tagged as
Criminal Defence

This blog is for general information only and does not contain or constitute legal advice. Every case turns on its own facts and circumstances and the law discussed herein may or may not apply to any particular case. The information posted in this blog is not a replacement or substitute for consultation with a qualified lawyer in your jurisdiction who has been advised of your particular circumstances. The accuracy and completeness of the information posted here is not guaranteed and may not be updated on an ongoing basis.

Past results are not necessarily indicative of future results and all litigation outcomes will vary according to the facts and circumstances of each individual case.