A Brief on Bill C-72 (Extreme Intoxication Defence)

A Brief on Bill C-72 (Extreme Intoxication Defence), Ottawa: National Association of Women and the Law, 1995, 38 pp.

45 Pages Posted: 3 May 2014

See all articles by Elizabeth A. Sheehy

Elizabeth A. Sheehy

University of Ottawa - Common Law Section

Date Written: 1995

Abstract

The National Association of Women and the Law (NAWL) is a national, non-profit feminist organization engaged in legal research, law reform and public education. Our membership is comprised of lawyers, academics, students and people from a variety of backgrounds and with a variety of experiences all of whom share a commitment to gender equality.

Since its inception twenty years ago, NAWL has been a leader in sexual assault reform and other related areas involving violence against women and children. NAWL and its nationwide caucuses have appeared before parliamentary committees, royal commissions, and task forces to advocate on such matters as sexual offences against children, pornography, prostitution, criminal harassment, and other sexual assault reform initiatives to the Criminal Code (“the Code”).

NAWL commends the Minister of Justice for bringing forth this initiative to restore the common law position pre-Daviault that self-induced intoxication, cannot be used to defend against charges for offences of general intent. The proposed legislation clearly recognizes that sexual assault is a sex equality issue, which requires that laws be formulated and interpreted in light of all of the provisions of the Canadian Charter of Rights and Freedoms (‘the Charter’), and in particular Sections 1,7,11(d), 15 and 28.

Keywords: self-induced, intoxication, defence, defend, charged, legislation, criminal code, bill C-72, sexual assault, Charter, Canada

Suggested Citation

Sheehy, Elizabeth A., A Brief on Bill C-72 (Extreme Intoxication Defence) (1995). A Brief on Bill C-72 (Extreme Intoxication Defence), Ottawa: National Association of Women and the Law, 1995, 38 pp. . Available at SSRN: https://ssrn.com/abstract=2431761

Elizabeth A. Sheehy (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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