Thank you for the question.
As Ms. Jules indicated earlier, you can never guarantee a result in a criminal case. It's important to always remain conscious of the burden of proof beyond a reasonable doubt that rests upon the Crown in every prosecution. That said, there are a number of reasons for optimism in the application of this legislation. Ms. Jules referred to some of them.
There is the fact that the language of proposed subsection 33.1(2) is inclusive. It requires only a foreseeability of risk that consumption could lead to a loss of self-control. There is some jurisprudential support for the idea that as the gravity of a potential harm goes up, the public is endangered even if the risk of harm actually occurring is small. I think you can expect to see prosecutors making that kind of argument in these sorts of cases.
The test is objective, not subjective, so even if an accused says that they had no idea this was going to happen, that won't be the end of the analysis. There are a number of other avenues that we will be able to look to in determining whether a reasonable person would have foreseen the likelihood of a risk.
Finally, in Brown itself, the court seems to accept the idea of inherently risky forms of self-intoxication. Justice Kasirer refers in particular to the idea of mixing alcohol with street drugs and sort of suggests that this activity in and of itself may carry reasonably foreseeable harm.
This goes back to what I was saying before, that some sorts of activities are inherently risky on their face, such that any reasonable person would be aware, “If I'm going to do this, I really need to start thinking about what I'm going to do to make sure I'm not going to hurt anybody if things go sideways.”