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Justice committee The science on this issue is constantly evolving. It’s a complicated issue. The level of intoxication depends specifically on the nature of the ingested substance, which may have a different effect on each person. The individual’s mental state when consuming an intoxicating subs
October 24th, 2022Committee meeting
Joanne Klineberg
Justice committee Unfortunately, I didn't quite understand your question, Mr. Fortin. Could you ask it again, please?
October 24th, 2022Committee meeting
Joanne Klineberg
Justice committee I think I understand your question. The Supreme Court rendered its decision in R. v Brown just a few months ago. The Court believed that there might be circumstances in which a person would be able to establish that they were in a state of self‑induced extreme intoxication akin
October 24th, 2022Committee meeting
Joanne Klineberg
Justice committee Thank you for your question. According to the Supreme Court, the former version of section 33.1 presumed negligence on the part of the accused at the time of consumption, without the Crown having to prove it. The former version therefore allowed an individual to be found guilty
October 24th, 2022Committee meeting
Joanne Klineberg
Justice committee Everything depends on the facts, the evidence and the quality of the evidence. It is therefore difficult to presume a verdict or the outcome of a trial, because if a small part of the evidence changes, the verdict could change. It really is a calculation that has to be done at ea
October 24th, 2022Committee meeting
Joanne Klineberg
Justice committee I’m talking about the current act, after the new section 33.1 came into force. It is true that it is somewhat contradictory, because the accused must prove that they were in a state of automatism and also that the risk of falling into such a state was not foreseeable. Based on
October 24th, 2022Committee meeting
Joanne Klineberg