Voluntary Intoxication and the Charter: Revisiting the Constitutionality of Section 33.1 of the Criminal Code
Bibliographic record
Abstract
Section 33.1 of the Criminal Code is a legislated form of guilt-by-proxy.It allows the court to substitute the mens rea of voluntary intoxication for the mens rea of general intent offences that involve an element of personal violence.It represents a revival of the controversial Leary rule, albeit with limited application to crimes of violence.Parliament enacted section 33.1 notwithstanding the unequivocal view of the majority of the Supreme Court of Canada in R v Daviault that the Leary rule violated sections 7 and 11(d) of the Charter and could not be justified under section 1.It would appear, from reasons that echo the decision of the majority in that case, that section 33.1 similarly offends the Charter.However, despite the passage of more than twenty years since its enactment, and sharply divided trial court rulings on the Charter question, the Supreme Court has yet to decide the issue.It is recommended on the basis of the analysis set out in this paper that the
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.013 | 0.024 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.012 | 0.022 |
| Scholarly communication | 0.016 | 0.005 |
| Open science | 0.003 | 0.003 |
| Research integrity | 0.011 | 0.015 |
| Insufficient payload (model declined to judge) | 0.002 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".