R. v. Brown, 2022 SCC 18

JurisdictionFederal Jurisdiction (Canada)
CourtSupreme Court (Canada)
JudgeWagner, Richard; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud
Citation2022 SCC 18
Date13 May 2022
Docket Number39781
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29 practice notes
  • R. v. Sullivan, 2022 SCC 19
    • Canada
    • Supreme Court (Canada)
    • May 13, 2022
    ...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 ......
  • R. v. J.J., 2022 SCC 28
    • Canada
    • Supreme Court (Canada)
    • June 30, 2022
    ... [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 ......
  • The Criminal Law and the Constitution
    • Canada
    • Irwin Books Criminal Law. Eighth edition
    • September 1, 2022
    ...burden on the issue. In both Daviault 226 and Stone , 227 the Court indicated that in order to establish an air of reality about the 224 2022 SCC 18 [ Brown ]. 225 See Chapter 5, Section D(4) and Chapter 10, Section B(3)(b). 226 Daviault , above note 218. 227 Stone , above note 219 at 430. ......
  • The Prohibited Act, or Actus Reus
    • Canada
    • Irwin Books Criminal Law. Eighth edition
    • September 1, 2022
    ...conduct. In the sense of involuntary conduct that negates the prohibited act, 112 R v Parks , [1992] 2 SCR 871. See Chapter 8. 113 2022 SCC 18 at paras 46–47 [ Brown ]. 114 R v Stone , [1999] 2 SCR 290. 115 2001 SCC 24 at paras 42 and 46. 116 R v Swaby (2001), 54 OR (3d) 577 (CA). 117 R v B......
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10 cases
  • R. v. Sullivan, 2022 SCC 19
    • Canada
    • Supreme Court (Canada)
    • May 13, 2022
    ...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 ......
  • R. v. J.J., 2022 SCC 28
    • Canada
    • Supreme Court (Canada)
    • June 30, 2022
    ... [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 ......
  • R v Starrett,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • June 29, 2022
    ...of action, has no voluntary control over that action.” This definition was recently affirmed by the Supreme Court in R v Brown, 2022 SCC 18 at para 2. [47]           The law recognises two types of automatism: non-mental disorder auto......
  • R. v. England,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 24, 2022
    ...since the trial and sentence hearing in the case at bar concluded, the Supreme Court of Canada released its decision in R. v. Brown, 2022 SCC 18. The decision in Brown unanimously struck down s. 33.1 of the Code as unconstitutional. Section 33.1 of the Code statutorily prohibited resort to ......
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5 firm's commentaries
  • What Is Automatism? And Can It "Justify" Violent Criminal Behaviour In Canada?
    • Canada
    • Mondaq Canada
    • March 13, 2023
    ...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......
  • Disagreement Is Not Enough: Supreme Court Clarifies Horizontal Stare Decisis
    • Canada
    • Mondaq Canada
    • June 1, 2022
    ...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 ......
  • Disagreement Is Not Enough: Supreme Court Clarifies Horizontal Stare Decisis
    • Canada
    • Mondaq Canada
    • June 1, 2022
    ...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 ......
  • In Sullivan, The SCC Clarifies Role Of Stare Decisis In Constitutional Litigation
    • Canada
    • Mondaq Canada
    • May 23, 2022
    ...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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9 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Criminal Law. Eighth edition
    • September 1, 2022
    ...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......
  • The Criminal Law and the Constitution
    • Canada
    • Irwin Books Criminal Law. Eighth edition
    • September 1, 2022
    ...burden on the issue. In both Daviault 226 and Stone , 227 the Court indicated that in order to establish an air of reality about the 224 2022 SCC 18 [ Brown ]. 225 See Chapter 5, Section D(4) and Chapter 10, Section B(3)(b). 226 Daviault , above note 218. 227 Stone , above note 219 at 430. ......
  • The Prohibited Act, or Actus Reus
    • Canada
    • Irwin Books Criminal Law. Eighth edition
    • September 1, 2022
    ...conduct. In the sense of involuntary conduct that negates the prohibited act, 112 R v Parks , [1992] 2 SCR 871. See Chapter 8. 113 2022 SCC 18 at paras 46–47 [ Brown ]. 114 R v Stone , [1999] 2 SCR 290. 115 2001 SCC 24 at paras 42 and 46. 116 R v Swaby (2001), 54 OR (3d) 577 (CA). 117 R v B......
  • The Special Part: Homicide, Sexual, Property, and Terrorism Offences
    • Canada
    • Irwin Books Criminal Law. Eighth edition
    • September 1, 2022
    ...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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