A jurisprudential analysis of the Canadian defence of voluntary intoxication

The jurisprudence following the defence of voluntary intoxication has remained a controversial topic within the legal system. This thesis evaluates the prominent landmark cases that have shaped the present voluntary intoxication defence and s. 33.1 of the Criminal Code. This Criminal Code section bars the use of the intoxication defence while under extreme intoxication in cases involving harm towards the bodily integrity of another. Section 33.1 has yet to be revisited in the past 20 years. Included in this thesis is the analysis of each precedented case and the majority and dissenting decisions presented by the Supreme Court of Canada. Drawing on case law from both the Ontario Court of Appeal and the Supreme Court of Canada, this thesis is a semi-comprehensive historical timeline of the jurisprudence surrounding the defence. While there are compelling arguments for both the constitutionality and unconstitutionality of s. 33.1, the Supreme Court of Canada has yet to conclude on the long-standing legislation. The Supreme Court will decide on the controversial topic in the upcoming months in an amalgamated hearing of R v Sullivan [2020] and in the case of Thomas Chan. This thesis includes a discussion of possible Supreme Court outcomes for the defence and Criminal Code s. 33.1.