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Bill C-28

44th Parl. 1st Sess.

June 23, 2022

An Act to amend the Criminal Code (self-induced extreme intoxication)

Royal assent received
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This bill amends the Criminal Code to make it a criminal offense for someone to commit a violent crime while extremely intoxicated. Even if the person lacks the general intent or voluntariness usually required for the offense, they can still be held responsible if all other elements of the offense are present and if, before becoming extremely intoxicated, they significantly deviated from the expected standard of care in relation to consuming intoxicating substances. The court will consider the foreseeable risk of extreme intoxication causing harm to another person and any actions the person took to avoid the risk. Extreme intoxication is defined as being so intoxicated that a person is unaware of or unable to consciously control their behavior.

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SteelmanSpren in Favour

Steelman argument in favor of the amendment: The amendment to the Criminal Code regarding self-induced extreme intoxication provides a necessary and justifiable measure to hold individuals accountable for their actions while under the influence. By amending the Code to allow for criminal liability for violent crimes committed while in a state of negligent self-induced extreme intoxication, we are recognizing the potential danger and harm that can occur when individuals engage in such behavior. This amendment acknowledges that while intoxication may impair an individual's general intent or voluntariness, it does not excuse or justify actions that cause harm to others. By requiring that all other elements of the offense be present and that the person in question departed markedly from the standard of care expected of a reasonable person in the circumstances with respect to the consumption of intoxicating substances, the amendment ensure

SteelmanSpren Against

A steelman argument opposing this act could be as follows: "This amendment to the Criminal Code is unnecessary and could potentially lead to unjust outcomes. While it is important to hold individuals accountable for their actions, this amendment creates a new form of criminal liability based on self-induced extreme intoxication, which may not align with the principles of fairness and proportionality in criminal law. Firstly, this amendment may penalize individuals for acts committed while in a state of extreme intoxication, where they lacked the general intent or voluntariness required to commit the offense. This raises concerns of punishing individuals for actions that they may not have had control over due to their intoxicated state. It could be argued that they should be held accountable for their decision to become intoxicated, but criminal liability for acts committed while not possessing the required intent or voluntariness seem

House Debates

44th Parl. 1st Sess.

June 05, 2023

View from Start

(1) C-28, An Act to amend the Criminal Code (self-induced extreme intoxication)

House Debates

44th Parl. 1st Sess.

May 29, 2023

Watch from Start

(1) C-28, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act

House Debates

44th Parl. 1st Sess.

May 15, 2023

View from Start

(3) C-28, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act

House Debates

44th Parl. 1st Sess.

May 03, 2023

View from Start

(1) C-28, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act

House Committee

44th Parl. 1st Sess.

April 17, 2023

Standing Committee on Justice and Human Rights (JUST)

Re. Subject Matter of Bill C-28, An Act to amend the Criminal Code (self-induced extreme intoxication)

Government Response to Report 10

House Committee

44th Parl. 1st Sess.

December 13, 2022

Standing Committee on Justice and Human Rights (JUST)

Re. Subject Matter of Bill C-28, An Act to amend the Criminal Code (self-induced extreme intoxication)

Report 10 presented to the House

As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.
Recommendation 1
That the Department of Justice launch a public awareness campaign to communicate in plain language the conclusions of the Supreme Court of Canada decision in R. v. Brown, the new version of section 33.1 of the Criminal Code and its practical effects.
Recommendation 2
That the Government of Canada ensure that a public communication plan is in place and implemented to accompany the decisions of the Supreme Court of Canada when they have significant consequences for the public, including victims of crime.
Recommendation 3
That the Department of Justice compile data on the use of the defence provided in section 33.1 of the Criminal Code.
Recommendation 4
That Parliament carry out a formal review of the legislation amending section 33.1 of the Criminal Code three years after it came into force to ensure that the application and interpretation of this new provision adequately fulfills Parliament’s objectives, and to evaluate its impact on victims of crime. During this review, Parliament should consider the option of amending the legal standard of criminal negligence in new section 33.1 of the Criminal Code to require only foreseeability of a loss of control of an individual’s actions, instead of “foreseeability of the risk that the consumption of the intoxicating substances could cause extreme intoxication and lead the person to harm another person”.