Justice Minister David Lametti will soon introduce a new bill that is expected to deal with a recent ruling by Canada’s Supreme Court that a law banning the use of strong intoxication as protection for certain crimes is unconstitutional.
Lametti warned of a piece of legislation that would amend the Penal Code, as it deals with self-inflicted extreme poisoning. The bill “Law amending the Criminal Code (self-induced intoxication)” can be submitted within days.
In a May ruling, the Supreme Court ruled that automatism – claiming to be in a state of extreme intoxication that leads to loss of self-control – could be used as a defense against certain violent crimes.
The Court finds that the section of the Penal Code prohibiting this violates the Charter, as a person’s decision to be intoxicated should not be construed as an intent to commit a violent crime and therefore the accused may be convicted without the prosecution must prove that a person intending to commit the crime.
Deleting part of the Penal Code, Canada’s Supreme Court has suggested that parliament may prosecute new legislation to fill the gap. The Conservatives also called on the Liberals to introduce a bill to deal with the ruling party as soon as possible.
During the ruling, Lametti said that while these cases were extremely rare, as a legislator, he felt “obliged” to protect victims and support their families.
“I share their frustration and their concern. Every time there are gaps in the Penal Code, there is a sense of urgency. So yes, we will analyze [the ruling] but I can assure you that we will do it expeditiously, “Lametti said.
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