The Supreme Court ruled Friday that the law “undermines many of the core beliefs used to structure our system of criminal law.” It said Parliament could still pass laws in the area in a way that would “trench less on the rights of the accused,” including by creating a stand-alone offense of criminal intoxication.
The ruling concerned cases from Ontario and Alberta.
The Alberta case involved Matthew Winston Brown, who had several mixed drinks, a few beers and some magic mushrooms at a party. He broke into two homes and assaulted the occupant of one. An Alberta trial court found the law unconstitutional andacquitted him, but a provincial appeals court disagreed.
The presumption of innocence is one thing. That’s been enshrined in Anglo-Saxon law for 800 years since the Magna Carta was signed.
But there’s nothing in that ancient and honorable document or any other document
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