Self-Induced Intoxication and Automatism
In R v Stone (“Stone”), automatism is defined as “a state of impaired consciousness, rather than unconsciousness, in which an individual though capable of action, has no voluntary control over that action”. The defence of automatism can be used to negate a crime as long as the accused can prove having been in a state of automatism. Automatism is then broken down into two types: mental disorder, and non-mental disorder.
The Future of Automatism
Before giving an analysis of R v Sullivan (“Sullivan”), it is important to give a brief overview of some of the critical elements involved in the case: actus reus, mens rea, voluntariness, automatism, and section 33.1 of the Criminal Code of Canada (“the Code”).Actus reus (committing the act) and mens rea (having the intention or the knowledge to commit an act) are very basic, fundamental elements of crime. It is necessary for the Crown to establish both of these elements.
Critiquing Predictive Policing
Computer algorithms are extremely pervasive in everyday life. People rely on and use computer algorithms to make their lives more convenient. As an example, when you are waiting for a bus and check the arrival time, using map software to find the quickest way to your destination, or even when you google something, computer algorithms are all being utilized. A recent phenomenon is seeing algorithms be imported in the criminal justice system through the introduction of predicti
A Brave New World Revisited for the 21st Century
Three things intertwined for me these last months – the Supreme Court closed their reference appeal on the Genetic Non-Discrimination Act; I watched the 90-minute documentary on Coded Bias: Artificial Intelligence, Surveillance and our Civil Rights, as part of a discussion forum at the Institute for Women's Leadership at Rutgers University; and I revisited my copy of Aldous Huxley’s dystopian novel, a Brave New World.
A Canadian Tragedy
One of Canada’s tragedies that persists to this day is that of murdered and missing Indigenous women. In 2019, according to Statistics Canada, the number of Aboriginal women homicides per 100,000 was 6 times higher than the rate of non-Aboriginal women. The case of R v Wood (“Wood”) exemplifies the pain and heartbreak that is constantly occurring in these communities.
