Case information

Constitutional law - Charter of Rights and Freedoms - Fundamental justice - Presumption of innocence - Assaults occurring during states of psychosis caused by ingesting intoxicants - Accused raising defence of non-mental disorder automatism - Defence not available if accused’s state of psychosis caused by self-induced intoxication pursuant to s. 33.1 of Criminal Code - Whether s. 33.1 infringes ss. 7 or 11(d) of the Charter - If s. 33.1 infringes ss. 7 or 11(d) of the Charter, is the infringement justified under s. 1 of the Charter - Whether normal rules of stare decisis apply to declarations of invalidity made by superior court judges pursuant to s. 52(1) of the Constitution Act, 1982?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Mr. Sullivan attempted suicide by ingesting a prescription drug known to cause psychosis as a side effect. In a psychotic state, he stabbed his mother. Mr. Chan consumed magic mushrooms. In a psychotic state, he fatally stabbed his father and then he stabbed his father’s partner. At their trials, each accused sought to raise non-mental disorder automatism as a defence but the trial judges applied s. 33.1 of the Criminal Code, R.S.C. 1985, c. C-46, which sets out conditions in which the defence is not available. In Mr. Chan’s case, the trial judge also held that s. 33.1 infringes ss. 7 and s. 11(d) of the Charter of Rights and Freedoms but it is not unconstitutional because the infringements are justified under s. 1 of the Charter. Mr. Sullivan was convicted of aggravated assault and assault with a weapon. Mr. Chan was convicted of manslaughter and aggravated assault. The Court of Appeal allowed appeals. It found s. 33.1 unconstitutional. It acquitted Mr. Sullivan on both counts and ordered a new trial for Mr. Chan.