The Supreme Court of Canada did that in Daviault many years ago. That's always been the case. The Crown simply cannot prove whether the accused was extremely intoxicated, because it does not have access to what the accused consumed or how much, and we cannot compel an accused to provide that evidence to the state. That was already done by Daviault. Section 33.1 does not do that at all. I think section 33.1 does not narrow the vacuum in that regard.
On October 27th, 2022. See this statement in context.