R. v. Brown
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Wagner, Richard; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud |
| Docket Number | 39781 |
| Date | 13 May 2022 |
| Citation | 2022 SCC 18 |
| Court | Supreme Court (Canada) |
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80 practice notes
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R. v. J.J.
... [1995] 4 S.C.R. 154 ; R. v. Mentuck, 2001 SCC 76 , [2001] 3 S.C.R. 442 ; M. (A.) v. Ryan, [1997] 1 S.C.R. 157 ; R. v. Brown, 2022 SCC 18; Canada (Attorney General) v. Bedford, 2013 SCC 72 , [2013] 3 S.C.R. 1101 ; Carter v. Canada (Attorney General), 2015 SCC 5 , [2015] 1 S.C.R. 331 ......
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R v Wright
...engage in a robust examination of the law's impact on Canada's free and democratic society ‘in direct and explicit terms’” ( R v Brown, 2022 SCC 18 at para 143, [2022] 1 SCR 374, see also: K.R.J. at paras 77 and 104 Based on the evidence that was before the trial judge, the benefits that s.......
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R. v. Sullivan
...dismissed. C’s application for leave to cross‑appeal should be quashed for want of jurisdiction. In the companion appeal of R. v. Brown, 2022 SCC 18, the Court concludes that s. 33.1 violates the Charter and is of no force or effect pursuant to s. 52(1) of the Constitution Act, 1982 . That ......
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Sanis Health Inc. v. British Columbia
...48, [2018] 3 S.C.R. 189; Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46, [2015] 3 S.C.R. 250; R. v. Brown, 2022 SCC 18, [2022] 1 S.C.R. 374; Ontario v. Canadian Pacific Ltd., [1995] 2 S.C.R. 1031; Attorney General of Nova Scotia v. Attorney General of Canada, [1......
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54 cases
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R. v. J.J.,
... [1995] 4 S.C.R. 154 ; R. v. Mentuck, 2001 SCC 76 , [2001] 3 S.C.R. 442 ; M. (A.) v. Ryan, [1997] 1 S.C.R. 157 ; R. v. Brown, 2022 SCC 18; Canada (Attorney General) v. Bedford, 2013 SCC 72 , [2013] 3 S.C.R. 1101 ; Carter v. Canada (Attorney General), 2015 SCC 5 , [2015] 1 S.C.R. 331 ......
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R v Wright,
...engage in a robust examination of the law's impact on Canada's free and democratic society ‘in direct and explicit terms’” ( R v Brown, 2022 SCC 18 at para 143, [2022] 1 SCR 374, see also: K.R.J. at paras 77 and 104 Based on the evidence that was before the trial judge, the benefits that s.......
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R. v. Sullivan,
...dismissed. C’s application for leave to cross‑appeal should be quashed for want of jurisdiction. In the companion appeal of R. v. Brown, 2022 SCC 18, the Court concludes that s. 33.1 violates the Charter and is of no force or effect pursuant to s. 52(1) of the Constitution Act, 1982 . That ......
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Sanis Health Inc. v. British Columbia,
...48, [2018] 3 S.C.R. 189; Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46, [2015] 3 S.C.R. 250; R. v. Brown, 2022 SCC 18, [2022] 1 S.C.R. 374; Ontario v. Canadian Pacific Ltd., [1995] 2 S.C.R. 1031; Attorney General of Nova Scotia v. Attorney General of Canada, [1......
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5 firm's commentaries
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What Is Automatism? And Can It "Justify" Violent Criminal Behaviour In Canada?
...voluntary control over that action" (R v. Stone, [1999] 2 S.C.R. 2019, at para. 156).1 Court Decisions Involving Automatism In R v. Brown, 2022 SCC 18, the defendant, consumed alcohol and magic mushrooms at a party, which contained psilocybin. He then "lost his grip on reality" and left the......
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Disagreement Is Not Enough: Supreme Court Clarifies Horizontal Stare Decisis
...Sullivan and Mr. Chan were convicted.1 The appeal of the two convictions were heard together and reached the Supreme Court. In R v Brown, 2022 SCC 18, a decision released concurrently, the Supreme Court had already concluded that s. 33.1 of the Code violated the Charter and was of no force ......
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Disagreement Is Not Enough: Supreme Court Clarifies Horizontal Stare Decisis
...Sullivan and Mr. Chan were convicted.1 The appeal of the two convictions were heard together and reached the Supreme Court. In R v Brown, 2022 SCC 18, a decision released concurrently, the Supreme Court had already concluded that s. 33.1 of the Code violated the Charter and was of no force ......
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In Sullivan, The SCC Clarifies Role Of Stare Decisis In Constitutional Litigation
...an eye on constitutional litigation and decisions from across the country when seeking relief under s. 52(1). Footnotes 1. R v. Brown, 2022 SCC 18. 2. R v. Sullivan, 2022 SCC 3. Automatism is a state of unconsciousness that renders a person incapable of consciously controlling their behavio......
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19 books & journal articles
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The Special Part: Homicide, Sexual, Property, and Terrorism Offences
...7, Section E for further discussion. 337 R v Bernard , [1988] 2 SCR 833. 338 [1994] 3 SCR 63. This decision was airmed in R v Brown , 2022 SCC 18. 339 Under amendments to s 33.1 SC 2022, c 11, an accused could have a defence of extreme intoxication to sexual assault that would lead to an ac......
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Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)
...issues. 79 Ibid. at para. 39. 28 Criminal Code s 33.1 AUTOMATISM: THE CONSTITUTIONALITY OF SECTION 33.1 OF THE CRIMINAL CODE R. v. Brown, 2022 SCC 18 — Section 33.180 of the Criminal Code violates the Charter and is of no force or effect pursuant to section 52(1) of the Constitution Act, 1......
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Table of Cases
...124 Brown , R v , [2015] NJ No 402 (QL) (Prov Ct) .................................. 233, 254, 256 Brown , R v , 2022 SCC 18 ............................................................ 446 Browne v Dunn (1893), 6 R 67 (HL) ................................................... 110 BT , R v , ......
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Table of cases
...527, 549 R v Brown, [1994] 3 SCR 749, 93 CCC (3d) 97, [1994] SCJ No 95 ............ 516, 560 R v Brown, 2021 ABCA 273, rev’d 2022 SCC 18 .....65, 73, 83, 89, 91, 122, 125, 262, 291, 292, 303, 311–318, 319, 320, 322, 323, 342, 516, 576, 583, 586, 594, 596 R v Browne (1997), 33 OR (3d) 775, 1......
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