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Jun 9 Feature Story, Local News No Comments on Extreme intoxication back as a defence option in court

By Bruce Corcoran

A recent court ruling allows people accused of violent crimes, including sexual assault, of using extreme intoxication as a defence.

And that doesnt sit well with Karen Hunter, executive director of the Chatham-Kent Womens Centre.

For more than two decades, laws were in place to ban such a defence, but last week in Appeal Court, those laws were declared unconstitutional, as they impaired the rights of the accused, according to the courts.

Hunter said she knows civil liberties advocates argue the extreme intoxication defence is rarely used, but the fact that it is even allowed at all angers her.

Theyre saying its very hard for someone to prove they are drunk beyond their ability. Yet its been used, she said. This sends a dangerous message to the community, to men especially, that they can avoid charges for violent acts against women and children.

You get blitzed out of your mind and walk into a convenience store and shoot people. (Extreme intoxication) would be a successful defence? It just doesnt make any sense.

Hunter added shes amazed an accused can abdicate responsibility.

Its unbelievable in this day and age that we can do things and not be held accountable, she said. How do you prove the amount consumed made you crazy out of your mind and you had no control?

The Appeal Court looked at two cases where men high on drugs injured or killed relatives.

Justices David Watt, David Paciocco and Peter Lauwers overturned the convictions last week.

Their statements indicated the law violated the rights of the accused, as they were held accountable for violence over which they had zero control.

Hunter said a decision to ingest drugs was made in those cases, and therefore, the accused should be held accountable.

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Bruce Corcoran is a veteran writer, editor and broadcaster, having spent more than two decades in the media industry.His news articles and opinion pieces have appeared in various Sun Media publications, including The Toronto Sun, London Free Press and Chatham Daily News; as well as The Toronto Star; National Post; Metroland publications; and The Canadian Press. His radio news stories have been aired via Broadcast News to radio stations around the country.Bruce is a five-time Ontario Newspaper Award finalist for news reporting and opinion and analysis writing.A Humber College Print and Broadcast Journalism graduate, Bruce spent more than a decade in the Kawartha Lakes region of Ontario before moving to Chatham-Kent in 2001.

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Extreme intoxication back as a defence option in court - Chatham Voice