Chapter 8
A legal determination that asks whether the accused can understand what is happening in court and work with their lawyer.
What is fitness to stand trial?
An honest misunderstanding about facts can sometimes cancel out this part of a crime.
What is mens rea?
Provocation only applies to this specific charge.
What is murder?
This defence applies when someone breaks the law to avoid something worse.
What is necessity?
The Criminal Code Section for Self Defense is
34
To use NCRMD, the accused must have had this condition affecting their thinking at the time of the offence.
What is a mental disorder (disease of the mind)?
Silence or lack of resistance does NOT automatically equal this.
What is consent?
Basic intoxication is usually NOT a defence to these types of offences.
What are general intent offences?
The section of the Criminal Code in which necessity is mentioned
What is this defense is not written in the Criminal Code (i.e., it exists through common law, preserved under section 8(3).)
Defence of property allows force only for this purpose — not punishment.
What is preventing or stopping interference?
This defence applies when a person’s actions were not voluntary, even if they were not mentally ill in the usual sense.
What is automatism?
Consent obtained through deception about something serious (like health risks) may be invalid due to this concept.
What is fraud?
An accused becomes intoxicated, commits an offence, and argues they could not form intent. This will likely fail if the offence requires only this level of intent.
What is general intent?
For the defense of necessity, these 3 factors need to be met in order for it to succeed
What is imminent peril or danger, no reasonable legal alternative and proportionality?
Traditional self-defense requires
What is an imminent threat and a proportional response?
This idea — that someone couldn’t control themselves — is not accepted as its own defence in Canada.
What is irresistible impulse?
An accused honestly believes they have consent but never checks. This defence will likely fail because of this missing step.
What are reasonable steps?
Extreme intoxication is treated similarly to this concept/defense when it succeeds.
What is automatism?
Both necessity and duress are based on the idea that the accused’s actions were not truly this.
What is voluntary (or a true choice)?
An example of a objective element of Self-Defense is
What is did these perceptions have a reasonable basis? (i.e., were your perceptions actually reasonable? And would a reasonable person have responded the same way?)
After an NCRMD finding, decisions about the accused are made by this body rather than a regular criminal court.
What is a Review Board?
Specific Intent offense require proof that the accused had _______
What is a particular purpose or objective beyond simply committing the act itself.
This law was created to limit using extreme intoxication as a defence for violent crimes.
What is section 33.1?
If someone voluntarily joins a group where violence is expected, it may weaken their claim of this defence.
What is duress?
An example of a subjective element of Self-Defense is
What is the accused perspective (i.e., What did you think was happening? How serious did you think the threat was? How much force did you think you needed?)?