Bill C-303
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1nd Session, 35th Parliament, 42-43-44 Elizabeth II, 1994-95
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The House of Commons of Canada
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BILL C-303 |
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An Act to amend the Criminal Code
(dangerous intoxication)
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| Preamble
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Whereas societal mores should be
reflected in the administration of justice in
Canada;
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Whereas a person shall not be excused
from personal liability based on a defence that
he or she was in a state of extreme intoxication
akin to automatism or insanity by cause of
self-induced impairment;
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Whereas Parliament of Canada considers
that the Canadian Charter of Rights and
Freedoms should not be pleaded to exempt a
person from personal liability in such a case;
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Whereas the public interest requires that
intoxicated violence be dealt with and
punished as a separate offence;
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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
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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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*ep
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1. The Criminal Code is amended by
adding the following after section 320:
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Dangerous Intoxication |
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| Dangerous
intoxication
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320.1 (1) Every one who, intentionally or
not, while in a state of self-induced
intoxication caused by alcohol or a drug,
commits, or attempts to commit, a prohibited
act is guilty of
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| When
intoxication
not
self-induced
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(2) Intoxication is not self-induced for the
purposes of subsection (1) if the intoxication
is due to fraud or coercion.
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| Definition of
``prohibited
act''
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(3) In subsection (1), ``prohibited act''
means an act that forms the basis for an
offence mentioned in
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| No other
charge
necessary
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(4) To convict a person under
subsection (1), it is not necessary that the
person be charged with or found guilty of an
offence referred to in subsection (3).
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| Non
application of
Canadian
Charter of
Rights and
Freedoms
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(5) This section shall operate
notwithstanding sections 2 and 7 to 15 of the
Canadian Charter of Rights and Freedoms.
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