Topic

ON intoxication defence

5 petitions

Started 9 months ago

Petition to Ministry of the Attorney General, Superior Court of Justice, Ontario Court of Justice

Calling for the appeal of Ontario's Intoxication defence ruling

On Thursday, June 4, 2020, the Ontario court officially ruled that intoxication can be used as a defence for sexual assault and other violent crimes. This is in violation of the Criminal Code of Canada, section 33.1, which states: "It is not a defence to an offence referred to in subsection (3) that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the offence, where the accused departed markedly from the standard of care as described in subsection (2)."  This ruling not only invites aggressive abusers to use drugs and alcohol as their grounds of defence, but also invalidates the experiences of past survivors of sexual assault. Inevitably, this will allow more abusers to roam free instead of serving their time for their crimes. Additionally, evidence shows men can tolerate more alcohol than women, putting them at a higher advantage. This ruling is an obstruction of justice and will surely result in increased cases of sexual assault and violence towards women and men alike. Furthermore, this ruling does not compliment section 1 of the charter, which guarantees our rights and freedoms “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” Evidently, the Ontario court has now recognized extreme intoxication as grounds for sexual assault and violence. If extreme intoxication is not a limiting factor in accordance with section 1, it is clear the court is not acting in society's best interest. 

Citizen
76,392 supporters
Started 2 years ago

Petition to Superior Court Justice Nancy Spies, Justin Trudeau

Intoxication is not a valid defence for sexual assault

People accused of sexual assault in Ontario are once again allowed to use excessive intoxication as a defence against criminal charges. A judge’s ruling found that a federal law preventing such an argument is unconstitutional, that it’s a violation of the rights of the accused. As a survivor of sexual assault, I feel the ruling is an insult and a slap in the face to anyone who has ever been abused. When you drink and drive, you are guilty of driving under the influence (DUI) and it’s your fault if you hurt or kill someone. Why is it any different in sexual assault cases? The ruling comes in a case in which a man voluntarily took a substance commonly known as a the date-rape drug, then said he didn’t know what he was doing when he had sexual intercourse with a woman who was waking up. He must now prove he was intoxicated to the point of automatism, a state in which he was not aware of his actions.  This sets dangerous precedents for all future cases, as abusers will be able to use intoxication as a valid defence. We ask Judge Nancy Spies to repeal her decision and to uphold section 33.1 of the Criminal Code that states extreme intoxication cannot be used as a defence in any type of assault case. Let’s get as many signatures as possible before proceedings continue on September 12th, to send a clear message that “I didn’t know what I was doing” does not make rape acceptable. Think of your loved ones and how it will affect survivors, any future victims and our culture. We don’t need more barriers to justice in sexual assault cases. You can sign and share this petition to say loud and clear that voluntary intoxication is not an excuse for abuse. More information on the case: Globe & Mail: Ontario judge restores defence of extreme drunkenness in sexual assaults. CBC: Judge rules excessive intoxication can be defence against criminal charges. Justice Laws Website: Criminal fault by reason of intoxication.

Fiorita Coppola
524,669 supporters