Ramifications of Ontario Court of Appeal automatism ruling

By Nathan Baker ( June 8, 2020, 3:45 PM EDT) -- The Court of Appeal for Ontario has struck down s. 33.1 of the Criminal Code of Canada in the companion cases of R. v. Sullivan/R. v. Chan [2020] O.J. No. 2452 which were heard together because they raised similar the same issue. Section 33.1 dealt with non-mental disorder automatism. Automatism is an involuntary act. The court at para. 2 referenced Supreme Court decisions that automatism is “a state of impaired consciousness” where a person “ ‘has no voluntary control over that action” ’; The ‘mind does not go with what is being done.’ ”...
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