LEAF logo
LEAF logo
DONATE
MENU
LEAF logo

Contact

DONATE
Informations en français
  • English
  • Français
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Menu
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Home / News & Events / Search News & Events

Media Release

Federal Government proposes thoughtful, nuanced, and constitutional legislation in response to Supreme Court extreme intoxication rulings 

TORONTO, June 17, 2022 – The Federal Government’s response to the Supreme Court of Canada (SCC) decisions on extreme intoxication is thoughtful, nuanced, and constitutional, says the Women’s Legal Education and Action Fund (LEAF).  

Last month, the Supreme Court struck down section 33.1 of the Criminal Code in its decisions on the Sullivan and Chan, and Brown cases. Under this provision, accused persons were not allowed to use this defence to avoid criminal responsibility for certain violent offences, including sexual assault. LEAF intervened in these cases to advocate for the rights of survivors and victims of sexual violence, who are disproportionately women, girls, trans and non-binary people.  

In its decisions, the Supreme Court reiterated that being drunk or high is not a defence in sexual assault cases, and never has been. Still, many survivors expressed concern with the narrow gap the decisions created. The court laid out potential constitutionally compliant options for Parliament to consider in addressing this gap.  

In response, the Federal Government introduced Criminal Code amendments in Bill C-28. With the proposed amendments, if adopted by Parliament, people who negligently reach this state of self-induced extreme intoxication and commit violent crimes can be held criminally responsible. Criminal negligence is defined as not taking sufficient care to avoid a reasonably foreseeable risk of losing control and acting violently.  

LEAF supports this thoughtful, nuanced, and constitutional legislation to address the narrow gap resulting from the SCC decisions.  

“If adopted by Parliament, we will be looking to the courts to apply this legislation in a similarly thoughtful way,” says Pam Hrick, Executive Director & General Counsel at LEAF. “Courts will need to take into consideration the circumstances of accused persons who are particularly marginalized and who we know the criminal law disproportionately targets, including Black, Indigenous, and racialized people.” 

If Bill C-28 becomes law, training for justice system participants that accurately reflects the provision’s meaning and its application will be critical. Even with this legislation, LEAF stresses that survivors need more support, both within the criminal justice system and beyond.  

“While we welcome the government’s response to give effect to the rights of women and children, we acknowledge at the same time that the criminal justice system too often fails and re-traumatizes survivors of sexual violence,” says Hrick.  

In addition to improving existing responses to sexual violence, LEAF emphasizes, governments must explore alternative justice responses such as transformative justice, and work to see an end to gender-based violence altogether. LEAF calls on the federal, provincial, and territorial governments to provide funding for alternative justice responses to sexual violence, and to take urgent, coordinated action to implement the Roadmap for a National Action Plan on Violence Against Women and Gender-Based Violence.   

About LEAF 
The Women’s Legal Education and Action Fund (LEAF) is a national not-for-profit that works to advance the equality rights of women, girls, trans, and non-binary people in Canada through litigation, law reform, and public legal education. Since 1985, LEAF has intervened in more than 100 cases that have helped shape the Canadian Charter of Rights and Freedoms. To find out more, visit www.leaf.ca.    

Media Contact 
Pam Hrick  
Executive Director & General Counsel, LEAF  
[email protected] 

Let's Change The Law to Uphold Gender Equality
Donate
Join Us!

Related Cases

Loading...

R. v. Brown

This case concerned using extreme intoxication as a defence to assault and sexual assault.

A.S. v. H.M.Q.

This case concerns the rights of complainants in sexual assault trials.
More Cases

Related Issue Area

Loading...

Sexual Assault and Consent Law

LEAF_FAEJ_hz_names_colour_rgb_rev
Donate to support equality

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Stay up to date on feminist law and LEAF’s work to advance gender equality



LEAF_FAEJ_hz_names_colour_rgb_rev

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Charitable Registration Number: 10821 9916 RR0001

Facebook-f Twitter Instagram

Stay up to date on feminist law and LEAF’s work to advance gender equality



Donate to support equality

© 2020 Women’s Legal Education & Action Fund (LEAF). All rights reserved. | Legal & Privacy | Accessibility | Website by Affinity Bridge

MENU

  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
  • English
  • Français