Liberals table bill responding to Supreme Court decision on 'extreme intoxication'
The federal Liberals tabled a bill Friday that seeks to eliminate "self-induced extreme intoxication" as a legal defence for violent crimes, after the Supreme Court struck down a similar provision in May.
Bill C-28, introduced by Justice Minister David Lametti, would add new language to the Criminal Code that creates criminal liability when a person who commits a violent crime is "in a state of negligent self-induced extreme intoxication."
For a person to be found liable for their actions under the drafted update of Section 33.1 in the code, prosecutors would need to establish that they were criminally negligent.
The court would need to consider whether a reasonable person in that situation could have foreseen the risk that ingesting intoxicating substances could "cause extreme intoxication and lead the person to harm another person."
The specific circumstances of the case would factor into the analysis, such as the substance itself and the quantity that was consumed, the person's state of mind at the time and anything they may have done to mitigate such a risk.
"Extreme intoxication" is defined in the bill as intoxication that renders a person unaware of, or incapable of consciously controlling, their behaviour.
It is not a presumed defence, meaning that the test would only apply if a defendant specifically raises it.
This has only ever happened a handful of times, Lametti said.
It would not apply to the vast majority of cases where drugs or alcohol are involved -- and "almost never" in situations where only alcohol was consumed.
"This is not about being really drunk or really high," he said, repeating several times: "Being drunk or high is not a defence for committing criminal acts like sexual assault."
Marci Ien, the Liberal minister for women and gender equality and youth, told reporters the government has been increasingly concerned about online misinformation suggesting that the recent Supreme Court decision meant that being drunk could be a defence for sexual assault.
She cited social media posts with hundreds of thousands of likes and views, including one that suggested "rape is now legal if you're intoxicated."
Lametti said one of the motivations for closing the gap in the law so quickly was to address some of the rising fear and confusion around the decision.
"You don't want someone to think, 'Oh, I can have a few drinks and do whatever the blank I want,"' he quipped.
In its unanimous May ruling, the Supreme Court made it clear that being drunk will never get someone off the hook for a violent crime.
Justice Nicholas Kasirer wrote in the decision that under the previous wording of Section 33.1, convicting someone for how they behave in a state of automatism, or when they are too intoxicated to stay in control of themselves, violates principles of fundamental justice.
The wording had been added by the Liberal government of Jean Chretien in 1995, in response to a 1994 Supreme Court decision that acquitted a man of sexual assault because he was blackout drunk at the time of the offence.
But it failed the constitutional test because a person could be convicted without the prosecution having to prove that they acted voluntarily or that they ever intended to commit a crime -- even though a "guilty action" and a "guilty mind" must ordinarily be present for someone to be found criminally responsible.
On that basis, the court upheld two acquittals of men who committed violent acts after voluntarily consuming drugs, and ordered a new trial in a third, similar case.
Some groups expressed concern about the court ruling, with Kerri Anne Froc of the National Association of Women and the Law's steering committee urging action to rectify a gap in the criminal justice system and protect women and children, often the victims of these crimes.
The court suggested Parliament could enact new legislation to update the language of the Criminal Code in such a way that "extremely intoxicated" people could still be held accountable for their violent crimes.
Lametti's office reacted with what he called "lightning speed," consulting with stakeholders, court interveners and members of Parliament to come up with a solution that could get broad support.
Pam Hrick, the executive director and general counsel of the Women's Legal Education and Action Fund, appeared alongside ministers at Friday's news conference and praised the government's "thoughtful, nuanced and constitutional response."
Asked whether he expects the bill to be passed by unanimous motions before the House of Commons and Senate rise next week for a summer break, Lametti said he is optimistic.
"There is a point of agreement here, and I hope we can move this forward."
The NDP's justice critic, Randall Garrison, said in a statement that his party will push to have the bill passed quickly.
The Conservatives say they are still reviewing the legislation.
This report by The Canadian Press was first published June 17, 2022.
This report by The Canadian Press was first published June 17, 2022.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
'He's in our hearts': Family and friends still seek answers one year after Nathan Wise’s disappearance
It’s been a year since Nathan Wise went missing and his family is no closer to finding out what happened to him.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
Canada Post cracks down on Nunavut loophole to get free Amazon Prime shipping
Amazon's paid subscription service provides free delivery for online shopping across Canada except for remote locations, the company said in an email. While customers in Iqaluit qualify for the offer, all other communities in Nunavut are excluded.
Mother's Day movies that pull at ALL the heartstrings
This Mother's Day Weekend, take a look at some of the most emotional movies inspired by moms.
Suspect sought after fatal slashing in downtown Toronto
Police are searching for a suspect in a homicide investigation after a man was slashed in downtown Toronto on Sunday.
Edibles, armchairs and adapters: Here are the recalls for this week
Health Canada announced various product recalls this week, including electric adapters, armchairs, cannabis edibles and vehicle components.
Putin replaces Russian defence minister in rare cabinet shakeup
Russia’s President Vladimir Putin began a Cabinet shakeup on Sunday, proposing the replacement of Sergei Shoigu as defence minister as he begins his fifth term in office.
WATCH Dashcam video shows terrifying near-miss on two-lane northern Ontario highway
There were some scary moments for several people on a northern Ontario highway caught on video Thursday after a chain reaction following a truck fire.
Local Spotlight
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.
Federal government bans watercraft from Manitoba lake popular with tourists
The threat of zebra mussels has prompted the federal government to temporarily ban watercraft from a Manitoba lake popular with tourists.
Toronto-area dessert shop featured by Keith Lee forced to move after zoning complaint
A small Ajax dessert shop that recently received a glowing review from celebrity food critic Keith Lee is being forced to move after a zoning complaint was made following the social media influencer’s visit last month.
'Oh Crap!' New exhibit at Canada Science and Technology Museum explores human waste
The Canada Science and Technology Museum is inviting visitors to explore their poop. A new exhibition opens at the Ottawa museum on Friday called, 'Oh Crap! Rethinking human waste.'
Regina police hope new biometric monitoring system will save lives in detention facility
The Regina Police Service says it is the first in Saskatchewan and possibly Canada to implement new technology in its detention facility that will offer real-time monitoring of detainees’ vital health metrics.
Her SUV was stolen in Montreal. A Good Samaritan on Facebook helped her get it back
Just as she had feared, a restaurant owner from eastern Quebec who visited Montreal had her SUV stolen, but says it was all thanks to the kindness of strangers on the internet — not the police — that she got it back.
Vancouver and Edmonton's mayors bet on who will win Round 2 of the playoffs. Here's what's at stake
The stakes have been set for a bet between Vancouver and Edmonton's mayors on who will win Round 2 of the Stanley Cup playoffs.
'No other life taken': Mother leads ATV helmet drive to honour daughter's legacy
A grieving mother is hosting a helmet drive in the hopes of protecting children on Manitoba First Nations from a similar tragedy that killed her daughter.