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42-43-44 ELIZABETH II
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CHAPTER 32
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An Act to amend the Criminal Code
(self-induced intoxication)
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[Assented to 13th July, 1995]
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| Preamble
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WHEREAS the Parliament of Canada is
gravely concerned about the incidence of
violence in Canadian society;
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WHEREAS the Parliament of Canada
recognizes that violence has a particularly
disadvantaging impact on the equal
participation of women and children in
society and on the rights of women and
children to security of the person and to the
equal protection and benefit of the law as
guaranteed by sections 7, 15 and 28 of the
Canadian Charter of Rights and Freedoms;
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WHEREAS the Parliament of Canada
recognizes that there is a close association
between violence and intoxication and is
concerned that self-induced intoxication may
be used socially and legally to excuse
violence, particularly violence against women
and children;
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WHEREAS the Parliament of Canada
recognizes that the potential effects of alcohol
and certain drugs on human behaviour are
well known to Canadians and is aware of
scientific evidence that most intoxicants,
including alcohol, by themselves, will not
cause a person to act involuntarily;
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WHEREAS the Parliament of Canada
shares with Canadians the moral view that
people who, while in a state of self-induced
intoxication, violate the physical integrity of
others are blameworthy in relation to their
harmful conduct and should be held
criminally accountable for it;
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WHEREAS the Parliament of Canada
desires to promote and help to ensure the full
protection of the rights guaranteed under
sections 7, 11, 15 and 28 of the Canadian
Charter of Rights and Freedoms for all
Canadians, including those who are or may be
victims of violence;
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WHEREAS the Parliament of Canada
considers it necessary to legislate a basis of
criminal fault in relation to self-induced
intoxication and general intent offences
involving violence;
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WHEREAS the Parliament of Canada
recognizes the continuing existence of a
common law principle that intoxication to an
extent that is less than that which would cause
a person to lack the ability to form the basic
intent or to have the voluntariness required to
commit a criminal offence of general intent is
never a defence at law;
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AND WHEREAS the Parliament of Canada
considers it necessary and desirable to
legislate a standard of care, in order to make
it clear that a person who, while in a state of
incapacity by reason of self-induced
intoxication, commits an offence involving
violence against another person, departs
markedly from the standard of reasonable care
that Canadians owe to each other and is
thereby criminally at fault;
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| R.S., c. C-46;
R.S., cc. 2, 11,
27, 31, 47, 51,
52 (1st
Supp.), cc. 1,
24, 27, 35
(2nd Supp.),
cc. 10, 19, 30,
34 (3rd
Supp.), cc. 1,
23, 29, 30, 31,
32, 40, 42, 50
(4th Supp.);
1989, c. 2;
1990, cc. 15,
16, 17, 44;
1991, cc. 1, 4,
28, 40, 43;
1992, cc. 1,
11, 20, 21, 22,
27, 38, 41, 47,
51; 1993, cc.
7, 25, 28, 34,
37, 40, 45, 46;
1994, cc. 12,
13, 38, 44
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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1. The Criminal Code is amended by
adding the following after section 33:
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| When defence
not available
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33.1 (1) It is not a defence to an offence
referred to in subsection (3) that the accused,
by reason of self-induced intoxication, lacked
the general intent or the voluntariness
required to commit the offence, where the
accused departed markedly from the standard
of care as described in subsection (2).
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| Criminal fault
by reason of
intoxication
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(2) For the purposes of this section, a person
departs markedly from the standard of
reasonable care generally recognized in
Canadian society and is thereby criminally at
fault where the person, while in a state of
self-induced intoxication that renders the
person unaware of, or incapable of
consciously controlling, their behaviour,
voluntarily or involuntarily interferes or
threatens to interfere with the bodily integrity
of another person.
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| Application
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(3) This section applies in respect of an
offence under this Act or any other Act of
Parliament that includes as an element an
assault or any other interference or threat of
interference by a person with the bodily
integrity of another person.
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| Coming into
force
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2. This Act shall come into force on a day
to be fixed by order of the Governor in
Council.
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