Law360 Canada ( May 13, 2022, 4:49 PM EDT) -- Appeal by Brown from a decision of the Alberta Court of Appeal that set aside his acquittals for break and enter and aggravated assault. Brown consumed alcohol and magic mushrooms, which contained psilocybin, at a house party. In a psychotic state, Brown left the party, broke into a nearby home and attacked the occupant, causing permanent injuries. He also broke into a second home. Expert evidence adduced at trial opined Brown had no voluntary control over his conduct at the time. While capable of physical movement, Brown was in a delusional state and had no willed control over his actions. In response to Brown’s constitutional challenge, the voir dire judge concluded s. 33.1 of the Criminal Code violated the Charter and declared the section was of no force and effect. The trial judge found the defence of extreme intoxication akin to automatism was an answer to the charges against Brown and entered acquittals. The Court of Appeal reversed the declaration that s. 33.1 was of no force and effect, set aside the acquittals and entered convictions....