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Bill C-303

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 1nd Session, 35th Parliament,
42-43-44 Elizabeth II, 1994-95

The House of Commons of Canada

BILL C-303

An Act to amend the Criminal Code (dangerous intoxication)

Preamble

Whereas societal mores should be reflected in the administration of justice in Canada;

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;

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;

Whereas the public interest requires that intoxicated violence be dealt with and punished as a separate offence;

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

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

*ep

1. The Criminal Code is amended by adding the following after section 320:

Dangerous Intoxication

Dangerous intoxication

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

    (a) an indictable offence and liable to imprisonment for a term not exceeding fourteen years; or

    (b) an offence punishable on summary conviction.

When intoxication not self-induced

(2) Intoxication is not self-induced for the purposes of subsection (1) if the intoxication is due to fraud or coercion.

Definition of ``prohibited act''

(3) In subsection (1), ``prohibited act'' means an act that forms the basis for an offence mentioned in

    (a) section 151 (sexual interference);

    (b) section 153 (sexual exploitation);

    (c) section 155 (incest);

    (d) section 221 (causing bodily harm by criminal negligence);

    (e) section 222 (culpable homicide);

    (f) section 223 (killing child);

    (g) section 266 (assault);

    (h) section 267 (assault with a weapon or causing bodily harm);

    (i) section 268 (aggravated assault);

    (j) section 269 (unlawfully causing bodily harm);

    (k) section 270 (assaulting a peace officer);

    (l) section 271 (sexual assault);

    (m) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);

    (n) section 273 (aggravated sexual assault);

    (o) section 279 (kidnapping and forcible confinement);

    (p) section 279.1 (hostage taking);

    (q) section 343 (robbery);

    (r) section 348 (breaking and entering);

    (s) section 433 (arson); or

    (t) section 434 (arson).

No other charge necessary

(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).

Non application of Canadian Charter of Rights and Freedoms

(5) This section shall operate notwithstanding sections 2 and 7 to 15 of the Canadian Charter of Rights and Freedoms.

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