According to an article written by the Canadian Press;

“People accused of sexual assault in Ontario are once again allowed to use excessive intoxication as a defense against criminal charges, a judge has ruled, finding that a federal law preventing such an argument is unconstitutional.”

 

I find this so infuriating.  Back in the mid 90’s the country’s top court ruled that Henri Daviault could use extreme intoxication as a defense after he sexually assaulted a disabled 65-year-old woman.

He had consumed up to eight beers and a large bottle of brandy. Daviault was acquitted on the premise that he was so drunk he didn’t know what he was doing, and that depriving him of the defense would violate the Charter of Rights.

 

At the time the Supreme Court said it expected the precedent would be used only in the “rarest of cases,” but it was successfully used 3 times within months of the ruling. In 1995 it became law that you could not use the  self-intoxication defense in cases of assault.

 

Superior Court Justice Nancy Spies’ ruled on August 2nd of this year that not allowing Cameron McCaw, a Toronto man due to stand trial for sexual assault next month to use defense in a current court case  is unconstitutional and has now set a precedent for the defense to be used again in Ontario.

” 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.

His lawyer, Eric Neubauer, filed an application seeking affirmation that Section 33.1 was not in effect in Ontario on the grounds that it violated the Charter of Rights and Freedoms.

Spies ruled in favour of McCaw, and his trial is slated to proceed on Sept. 12.”

 

This seems ludicrous to me.   Life is about choices and if the allegations are true, McCaw chose to drink that night, he chose to smoke marijuana and take drugs, he then chose to make a pass at his roommates girlfriend and chose to rape her.   Where was her choice?  We are expected to know we can’t get behind the wheel and drive when we are under the influence,  we should also be expected to not assault others. Asking for consent is not that difficult.

 

Hilary Welch

Filed under: Human Rights, Law, News, Opinion, women's rights