FORS-2006EL Lecture Notes - Lecture 5: Mens Rea, Criminal Negligence, Culpable Homicide
27 Jun 2018
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Criminal Law Day 5 2017.10.23
Defence of Mental Disorder
16!(1)!No person is criminally responsible for an act committed or an omission made
while suffering from a mental disorder that rendered the person incapable of
appreciating the nature and quality of the act or omission or of knowing that it was
wrong.
(2)!Every person is presumed not to suffer from a mental disorder so as to be exempt
from criminal responsibility by virtue of subsection (1), until the contrary is proved on
the balance of probabilities.
(3)!The burden of proof that an accused was suffering from a mental disorder so as to
be exempt from criminal responsibility is on the party that raises the issue.
-Mental disorder is a disease of the mind
-Everyone will be thought to not have a mental disorder until not found guilty
-Some people will want NCR (not criminally responsible) as it will give them a shorter
sentence and they can be out in a few years
Self Induced Intoxication
33.1!(1)!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).
(2)!For the purposes of this section, a person departs markedly from the standard of
reasonable care generally recognized in Canadian society and is thereby criminally at
fault where the person, while in a state of self-induced intoxication that renders the
person unaware of, or incapable of consciously controlling, their behaviour,
voluntarily or involuntarily interferes or threatens to interfere with the bodily
integrity of another person.
(3)!This section applies in respect of an offence under this Act or any other Act of
Parliament that includes as an element an assault or any other interference or threat
of interference by a person with the bodily integrity of another person.
•1995, c. 32, s. 1.
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