Mr. Speaker, I am pleased to announce that on Friday, February 24, 1995, the Minister of Justice and Attorney General for Canada, Allan Rock, tabled amendments to the Criminal Code, providing that extreme intoxication which is self-induced is not a defence to crimes of violence.
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In doing this, the Minister of Justice is responding to widespread concern from across Canada, and certainly from the Northwest Territories, that was provoked by the Daviault decision of the Supreme Court of Canada. This case introduced for the first time into Canadian law, that extreme drunkenness in the nature of automatism and insanity, was a defence to assault; in that case the sexual assault of an elderly lady in a wheelchair. The results of the decision were widely criticized, particularly by women's groups, and, as a result, the Minister undertook a consultation with women's groups, representatives of the defence bar, legal academics and provincial and territorial governments.
Mr. Rock has done what most of us advised him to do, and I congratulate and thank him for doing so. It is my hope that Parliament will also see the wisdom of this approach and pass the amendment as soon as possible. I am sure that the Minister realizes that even after this amendment is passed, there will undoubtedly be challenges to the amendment under the Charter of Rights and Freedoms, because the Daviault decision was based on an interpretation of section 7, which gives everyone the right not to be deprived of their right to life, liberty and security of the person, except in accordance with the principles of fundamental justice. However, the argument against the challenge to the amendment will be that the removal of the defence is demonstrably justified in a free and democratic society and, as such, is protected by section 1 of the Charter of Rights and Freedoms.
Later in this session, I will be introducing a motion which will demonstrate the conviction of this Legislative Assembly that the defence of extreme drunkenness is a threat to the peace and security of our society, and particularly the women of the Northwest Territories, who are all too frequently the victims of assault committed in a state of extreme intoxication. Its removal, therefore, is clearly justifiable.
In passing such a motion, the Legislative Assembly of the Northwest Territories will be doing its share to support and sustain this welcome amendment to the Criminal Code and protect it from challenges based on section 7 of the Charter of Rights and Freedoms. Thank you.
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