To view original article click here
The National Post
In throwing out the provision, the Court of Appeal found its harmful effects were contrary to the principles of fundamental justice.
A law that bans an accused from using intoxication as a defence in cases of sexual assault and other violent crimes tramples charter rights and is unconstitutional, Ontario’s top court ruled Wednesday.
In throwing out the provision, the Court of Appeal found its harmful effects were profound, and contrary to the principles of fundamental justice.
“It enables the conviction of individuals for acts they do not will,” the court said.
The ruling comes in a pair of separate cases the court described as “tragic.” In both, men became psychotic on drugs and killed or injured relatives.
In one case, a high school student, Thomas Chan, stabbed and killed his father and badly injured his father’s partner after he and friends had eaten psychedelic mushrooms. Witnesses said he went into a rage, ran into the frigid night yelling about Satan and God’s will, then repeatedly stabbed his father, who pleaded, “Thomas, it’s Daddy. It’s Daddy.”