A jurisprudential analysis of the Canadian defence of voluntary intoxication
Why this work is in the frame
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Bibliographic record
Abstract
The jurisprudence following the defence of voluntary intoxication has remained a controversial topic within the legal system. This thesis evaluates the prominent landmark cases that have shaped the present voluntary intoxication defence and s. 33.1 of the Criminal Code. This Criminal Code section bars the use of the intoxication defence while under extreme intoxication in cases involving harm towards the bodily integrity of another. Section 33.1 has yet to be revisited in the past 20 years. Included in this thesis is the analysis of each precedented case and the majority and dissenting decisions presented by the Supreme Court of Canada. Drawing on case law from both the Ontario Court of Appeal and the Supreme Court of Canada, this thesis is a semi-comprehensive historical timeline of the jurisprudence surrounding the defence. While there are compelling arguments for both the constitutionality and unconstitutionality of s. 33.1, the Supreme Court of Canada has yet to conclude on the long-standing legislation. The Supreme Court will decide on the controversial topic in the upcoming months in an amalgamated hearing of R v Sullivan [2020] and in the case of Thomas Chan. This thesis includes a discussion of possible Supreme Court outcomes for the defence and Criminal Code s. 33.1.
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Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.001 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 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 it