Via Global:
2020 everybody!
TORONTO — People accused of sexual assault in Ontario are once again allowed to use excessive intoxication as a defence against criminal charges, a judge has ruled, finding that a federal law preventing such an argument is unconstitutional.
Superior Court Justice Nancy Spies' ruling relates to a Supreme Court decision established in the early 90s that drew so much ire that Ottawa introduced a law to limit its perceived impact.
That law — section 33.1 of the Criminal Code — has had several detractors over the years but proponents said it was essential to protect women and children from violence perpetrated by those under the influence.
Spies downplayed that argument in her Aug. 2 decision, contending that the law limited a viable possible line of defence without offering meaningful protection for women.
"Section 33.1's objective … is not sufficiently pressing and substantial to justify the great damage it does to fair trial interests," she wrote before affirming that it was "of no force and effect in Ontario."
Spies' decision came in support of Cameron McCaw, a Toronto man due to stand trial for sexual assault next month.
McCaw wishes to argue that he had consumed so much alcohol on the night of the alleged incident that he was unaware of his actions.
According to allegations contained in her ruling, McCaw allegedly raped the girlfriend of his former roommate after consuming alcohol, marijuana and a "date-rape drug" in July 2015.
2020 everybody!
