@capacrapa said
I can't believe this is happening.
I'm Canadian and I see your American news about abortion. (Her Body Her Choice!)
So Canada tries to one up that by saying an intoxicated person can plead not guilty by intoxication...and win.
Unreal. The protests...hopefully are huge and violent against the courts.
https://globalnews.ca/news/8832723/supreme-court-canada-extreme-intoxication/amp/
It certainly is an interesting ruling.
But, take a step back for a second and, without taking the possible effects of the ruling into consideration, compare this:
A person is mentally unsound (say a schitzofrenic dilerious in a psychosis) and attacks a person. The law (in Canada) says he isn’t guilty of this crime, because the accused did not have control over his actions.
A person is drugged by a third party. And completely out of his head, he attacks someone. The law (in Canada) says he isn’t guilty of this crime, because the accused did not have control over his actions.
Someone is at a party and drinks to excess and is completely out of his head. He too has no control over his actions. The Canadian supreme court says herein that the state of being out of your head and not in control of your actions doesn’t differ from the other examples given.
Is that a wrong ruling? Basically, the reason for being out of your mind and completely out of control matters not, the point is that if you are out of your mind and out of control, you can’t be held accoubtable for your actions in that state.
Remember: step back and forget about consequences, it’s theoretical.
To make it slightly easier: a man is speeding in his car, he crashes, gets terrible brain damage, stumbles forth from the wreck, completely out of his mind and attacks someone coming to help him.
Can he be held accountable for that attack, even though he’s completely put of his mind (in this case probably dying, or suffering from permanent brain damage)? Or is he guilty of speeding?
I think the ruling by the supreme court is sound (out of your mind is out of your mind), but that the consequences may be less than desirable.
So, what I presume will happen is that an amendement to the actual text will be introduced by government. Making the intoxicating yourself part of it, if it leads to violent or wreckless behaviour, a far heavier crime. Which is more sound.