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The Supreme Court of Canada has revived the innocence of a Calgary man who consumed alcohol and magic mushrooms and violently attacked a woman who was extremely drunk.
The Supreme Court today ruled on three cases that examined whether people who committed certain violent crimes could use automated defenses.
Judge Nicholas Kashira, who wrote the unanimous decision, states that the section of criminal law banning the use of this defense against certain acts is unconstitutional.
Kasirer says the use of the criminal law section violates the Charter. Because the decision of those to get drunk does not mean that they intended to commit a violent crime.
The prosecution also violated the Charter because the accused could be convicted even if he did not prove that he was willing or willing to do the act.
The court also states that Congress may want to enact laws that hold very drunk people liable for violent crimes in order to protect vulnerable victims, especially women and children.
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