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Versions of s. 33.1(2)

C-46 — Criminal Code · 2 versions · View current text

Historical text comes from the Justice Laws point-in-time corpus and is unofficial — not the official version.

  1. 2022-06-23 to present available View Source
    For the purposes of thisdetermining section,whether athe person departsdeparted markedly from the standard of reasonablecare, carethe generallycourt recognizedmust inconsider Canadianthe societyobjective foreseeability of the risk that the consumption of the intoxicating substances could cause extreme intoxication and is thereby criminally at fault where the person, while in a state of self-induced intoxication that renderslead the person unaware of, or incapable of consciously controlling, their behaviour, voluntarily or involuntarily interferes or threatens to interfere with the bodily integrity ofharm another person. The court must, in making the determination, also consider all relevant circumstances, including anything that the person did to avoid the risk.
    Full text

    For the purposes of determining whether the person departed markedly from the standard of care, the court must consider the objective foreseeability of the risk that the consumption of the intoxicating substances could cause extreme intoxication and lead the person to harm another person. The court must, in making the determination, also consider all relevant circumstances, including anything that the person did to avoid the risk.

  2. 2003-01-01 to 2022-06-23 View Source

    For the purposes of this section, a person departs markedly from the standard of reasonable care generally recognized in Canadian society and is thereby criminally at fault where the person, while in a state of self-induced intoxication that renders the person unaware of, or incapable of consciously controlling, their behaviour, voluntarily or involuntarily interferes or threatens to interfere with the bodily integrity of another person.