35 min listen
215. Sullivan, Chan, and Brown: Striking Down Section 33.1 of the Criminal Code and What Comes Next
215. Sullivan, Chan, and Brown: Striking Down Section 33.1 of the Criminal Code and What Comes Next
ratings:
Length:
45 minutes
Released:
Aug 11, 2022
Format:
Podcast episode
Description
Hosts Hailey Berge and Kelley Humber are joined by uOttawa Law Professor, Carissima Mathen, to discuss the implications of the recent May 13, 2022 Supreme Court of Canada decisions which struck down section 33.1 of the Criminal Code, declaring it to be unconstitutional. As Professor Mathen explains, even though Parliament had good intention to protect victims of crime with this provision, it ultimately resulted in violations of section 7 and 11(d) of the Charter of Rights and Freedoms that could not be justified. Even so, this unanimous 9-0 ruling resulted in a lot of public scrutiny and has left many of us wondering what it means and how the public will be affected.
We also discuss different ways that the intention of section 33.1 to protect vulnerable groups from violence can still be met in the future, specifically through new constitutionally compliant legislation. Ultimately, the ball is in Parliament’s court now.
Note: since recording, Federal Justice Minister David Lametti has proposed a single-provision bill, Bill C-28, to address the gap that was left by section 33.1 being struck down. This amendment to the Criminal Code would mean that “an individual would be held responsible for the violence they commit while in a state of extreme intoxication if they ended up in that state through their own criminal negligence.” (Ottawa proposes narrower self-induced extreme intoxication defence to violence to ‘fill legal gap’, Cristin Schmitz,
Ottawa proposes narrower self-induced extreme intoxication defence to violence to ‘fill legal gap’ - The Lawyer's Daily (thelawyersdaily.ca)).
If you reach the end of the episode and still want to know more, check out the below resources:
Supreme Court of Canada full decisions: R. v. Sullivan - SCC Cases (scc-csc.ca), R. v. Brown - SCC Cases (scc-csc.ca)
Cases in Brief: R v Sullivan and R v Chan SCC Case Brief and R v Brown SCC Case Brief
Leaf’s Intervener Factum LEAF Intervenes in the Appeal of R v Sullivan and R v Chan - LEAF; R. v. Brown - LEAF
Plaxton, Michael, and Carissima Mathen. “What’s Right With Section 33.1” (2021), 25 Can. Crim. L.R. 255
We also discuss different ways that the intention of section 33.1 to protect vulnerable groups from violence can still be met in the future, specifically through new constitutionally compliant legislation. Ultimately, the ball is in Parliament’s court now.
Note: since recording, Federal Justice Minister David Lametti has proposed a single-provision bill, Bill C-28, to address the gap that was left by section 33.1 being struck down. This amendment to the Criminal Code would mean that “an individual would be held responsible for the violence they commit while in a state of extreme intoxication if they ended up in that state through their own criminal negligence.” (Ottawa proposes narrower self-induced extreme intoxication defence to violence to ‘fill legal gap’, Cristin Schmitz,
Ottawa proposes narrower self-induced extreme intoxication defence to violence to ‘fill legal gap’ - The Lawyer's Daily (thelawyersdaily.ca)).
If you reach the end of the episode and still want to know more, check out the below resources:
Supreme Court of Canada full decisions: R. v. Sullivan - SCC Cases (scc-csc.ca), R. v. Brown - SCC Cases (scc-csc.ca)
Cases in Brief: R v Sullivan and R v Chan SCC Case Brief and R v Brown SCC Case Brief
Leaf’s Intervener Factum LEAF Intervenes in the Appeal of R v Sullivan and R v Chan - LEAF; R. v. Brown - LEAF
Plaxton, Michael, and Carissima Mathen. “What’s Right With Section 33.1” (2021), 25 Can. Crim. L.R. 255
Released:
Aug 11, 2022
Format:
Podcast episode
Titles in the series (100)
EP 20 – Michelle Moldofsky, General Counsel at St. Michael's Hospital: She identified what she was interested in, set on a path to achieve it and overcame adversity along the way. Michelle Moldofsky is General Counsel at St. Michael's Hospital. Her story is honest and inspiring. Tune in and better understand how to calm... by The Law School Show