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| First Session, Forty-fourth Parliament, | |
| 70-71 Elizabeth II, 2021-2022 | |
| STATUTES OF CANADA 2022 | |
| CHAPTER 11 | |
| An Act to amend the Criminal Code (self- | |
| induced extreme intoxication) | |
| ASSENTED TO | |
| JUNE 23, 2022 | |
| BILL C-28 | |
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| SUMMARY | |
| This enactment amends the Criminal Code to provide for crimi- | |
| nal liability for violent crimes of general intent committed by a | |
| person while in a state of negligent self-induced extreme intoxi- | |
| cation. | |
| Available on the House of Commons website at the following address: | |
| www.ourcommons.ca | |
| 2021-2022 | |
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| 70-71 ELIZABETH II | |
| CHAPTER 11 | |
| An Act to amend the Criminal Code (self-induced ex- | |
| treme intoxication) | |
| [Assented to 23rd June, 2022] | |
| Her Majesty, by and with the advice and consent of | |
| the Senate and House of Commons of Canada, | |
| enacts as follows: | |
| R.S., c. C-46 | |
| Criminal Code | |
| 1995, c. 32, s. 1 | |
| 1 Section 33.1 of the Criminal Code and the head- | |
| ing before it are replaced by the following: | |
| Self-induced Extreme Intoxication | |
| Offences of violence by negligence | |
| 33.1 (1) A person who, by reason of self-induced ex- | |
| treme intoxication, lacks the general intent or voluntari- | |
| ness ordinarily required to commit an offence referred to | |
| in subsection (3), nonetheless commits the offence if | |
| (a) all the other elements of the offence are present; | |
| and | |
| (b) before they were in a state of extreme intoxication, | |
| they departed markedly from the standard of care ex- | |
| pected of a reasonable person in the circumstances | |
| with respect to the consumption of intoxicating sub- | |
| stances. | |
| Marked departure — foreseeability of risk and other | |
| circumstances | |
| (2) For the purposes of determining whether the person | |
| departed markedly from the standard of care, the court | |
| must consider the objective foreseeability of the risk that | |
| the consumption of the intoxicating substances could | |
| cause extreme intoxication and lead the person to harm | |
| another person. The court must, in making the determi- | |
| nation, also consider all relevant circumstances, includ- | |
| ing anything that the person did to avoid the risk. | |
| 2021-2022 | |
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| Offences | |
| (3) This section applies in respect of an offence under | |
| this Act or any other Act of Parliament that includes as | |
| an element an assault or any other interference or threat | |
| of interference by a person with the bodily integrity of | |
| another person. | |
| Definition of extreme intoxication | |
| (4) In this section, extreme intoxication means intoxi- | |
| cation that renders a person unaware of, or incapable of | |
| consciously controlling, their behaviour. | |
| Published under authority of the Speaker of the House of Commons | |
| 2021-2022 | |
| Chapter 11: An Act to amend the Criminal Code (self-induced extreme intoxication) | |
| Criminal Code | |
| Section | |
| 1 | |
| Page 5 | |
| Page 6 | |
| Available on the House of Commons website | |
| Disponible sur le site Web de la Chambre des com | |