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Did the Supreme Court invalidate section 33.1 in R v Brown?
Why did the Supreme Court invalidate Brown v Sullivan?
What does Brown's decision in Sullivan mean for criminal law?
Did the Supreme Court acquit Sullivan v Sullivan?
Is section 33.1 unconstitutional?
What is Matthew Winston Brown v Her Majesty?
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.
- What You Need to Know
- Facts and Trial Decisions
- Court of Appeal For Ontario
- Supreme Court of Canada
- Looking Ahead – Key Takeaways
A superior court’s declaration of unconstitutionality under section 52(1) of the Constitution Act will be binding on other superior court judges within the same province according to the ordinary r...Due to the operation of the constitutional principle of federalism, a section 52(1) declaration of unconstitutionality by a superior court judge will not be binding on superior court judges in othe...The decision in Sullivan involved appeals of two accused heard together – David Sullivan and Thomas Chan – who each argued that their violent actions were involuntary due to extreme intoxication akin to automatism.3 Chan’s case revealed inconsistent conclusions in the lower courts about how stare decisiscan and should be applied to declarations of ...
The Court of Appeal for Ontario heard Sullivan’s and Chan’s appeals together and allowed both appeals. Section 33.1 was declared unconstitutional, and Sullivan and Chan were permitted to raise the defence of automatism. Because the trial judge had found as a fact that Sullivan had been in a state of non-mental disorder automatism, the Court entered...
Conflicting lower court jurisprudence on the constitutionality of s. 33.1 led to questions in the courts below as to the extent these superior court decisions were binding on other courts at the same level. The Sullivan appeal provided the Supreme Court of Canada an occasion to consider the principle of horizontal stare decisis with the primary que...
The Sullivan decision has broad implications for constitutional litigation across the country, but leaves some unanswered questions. The following are key issues to consider for future litigants and their counsel: 1. It remains to be seen to what extent the Court’s ratio on horizontal stare decisis will be applied to superior court decisions other ...
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.
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.
Aug 8, 2022 · The Supreme Court Strikes Down Section 33.1. In a weighty 9-0 decision, Justice Kasirer, writing on behalf of the Court, struck down section 33.1 as unconstitutional.
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.
May 13, 2022 · 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 equally applicable to the Crown’s appeals in the cases at bar.
