Skip to main content

Bill C-305

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.



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

The House of Commons of Canada

BILL C-305

An Act to amend the Criminal Code (voluntary intoxication)

Preamble

Whereas the public interest requires that drunken 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:

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

Voluntary Intoxication

Voluntary intoxication

320.1 (1) Every one who, 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, coercion or reasonable mistake.

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 180 (common nuisance);

    (e) section 220 (causing death by criminal negligence);

    (f) section 221 (criminal negligence);

    (g) sections 229 and 230 (murder);

    (h) section 233 (infanticide);

    (i) section 234 (manslaughter);

    (j) section 238 (killing unborn child in act of birth);

    (k) section 239 (attempt to commit murder);

    (l) section 266 (assault);

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

    (n) section 268 (aggravated assault);

    (o) section 269 (causing bodily harm);

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

    (q) section 271 (sexual assault);

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

    (s) section 273 (aggravated sexual assault);

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

    (u) section 279.1 (hostage taking);

    (v) section 343 (robbery);

    (w) section 348 (breaking and entering);

    (x) section 433 (arson);

    (y) sections 434 and 434.1 (arson); or

    (z) section 436 (arson by negligence).

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).

Previous Page Table of Contents