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May 20, 2022 · The Supreme Court of Canada’s decisions in the companion appeals in R v.Brown 1 (Brown) and R v. Sullivan 2 (Sullivan) were released on May 13, 2022.In Brown, the Court invalidated on constitutional grounds s. 33.1 of the Criminal Code — a provision that prohibits an accused from asserting an automatism defence against “general intent” crimes.
The Supreme Court has restored the acquittal. The Supreme Court heard this case together with R. v. Sullivan, and the judgments are being rendered at the same time. Section 33.1 of the Criminal Code violates sections 7 and 11(d) of the Charter and is therefore unconstitutional. Writing for a unanimous Supreme Court, Justice Nicholas Kasirer ...
Nov 8, 2022 · Section 33.1 of the Criminal Code declared “of no force and effect” in R v Brown. In May 2022, the Supreme Court of Canada (the “SCC” or the “Court”) released two important decisions in R v Brown, 2022 SCC 18[Brown] and its companion case, R v Sullivan, 2022 SCC 19 [Sullivan]. This article discusses Brown.
What did the Supreme Court of Canada decide in R v. Brown and R v. Sullivan and Chan? The SCC found the previous version of section 33.1 was unconstitutional because it violated sections 7 (the right not to be deprived of liberty except in accordance with a principle of fundamental justice) and 11(d) (the presumption of innocence) of the Charter.
Aug 8, 2022 · A Breakdown of the Supreme Court’s Decision in R v Brown. This is the second article in a two-part series on the criminal defence of extreme intoxication in Canada. Part 1 focused on the history of the defence as well as the creation of section 33.1 of the Criminal Code. This section prohibited a person accused of a general intent offence ...
May 13, 2022 · The Supreme Court, relying on its decision in Brown, concluded as follows (at paragraphs 5 to 8): In R. v. Brown, 2022 SCC 18, released concurrently with the reasons for judgment in these appeals, I conclude that s. 33.1 violates the Charter and is of no force or effect pursuant to s. 52(1) of the Constitution Act, 1982. That conclusion is ...
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R v Brown, 2022 SCC 18, is a decision of the Supreme Court of Canada on the constitutionality of section 33.1 of the Criminal Code, which prohibited an accused from raising self-induced intoxication as a defence to criminal charges. The Court unanimously held that the section violated the Charter of Rights and Freedoms and struck it down as ...
