The extreme intoxication defence further shifts the risks of drug and alcohol abuse by men onto the shoulders of women, who are the most likely victims of extremely intoxicated men. Opinion by Elizabeth Sheehy & Kerri Froc
: reported case law, about real women whose lives have been changed forever by violence perpetrated by extremely intoxicated men, and whose trials had been affected, in one way or another, by men’s use of the defence.
The case has also been reported in media as a case of automatism based on a sleep disorder. In fact, the “disorder” originated in Jean-Luc Perignon’s prescription drug abuse. He consumed zopiclone, a sedative hypnotic, in a dosage “well beyond the recommended range of prescription for this medication,” in combination with “a dangerously high dose of opioids” and four alcoholic drinks, according to the judge.
Not that the new law purporting to limit the extreme intoxication defence would have made any difference. We criticized the government’s approach of rushing the amendments to section 33.1 through Parliament in just six weeks — bypassing the usual process of vetting the draft through committee and hearing from expert witnesses.
However, the new law is unclear about how the Crown has to prove intent. If interpreted as requiring proof that a reasonable person could have anticipated a risk of violent behaviour stemming from the drugs or alcohol, it will be impossible for courts to put any limits on the defence. This is because defence lawyers will be able to rely on experts prepared to testify that violent behaviour is not a known or significant risk of whatever the accused ingested.
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