Dr. Sylvain Faucher

The appellant brutally assaulted two individuals while in a state of toxic psychosis caused by voluntary drug consumption.

He was convicted of aggravated assault at trial, as the judge applied s. 33.1 of the Criminal Code, which precludes self-induced intoxication as a defence for violent offences.

The appellant appealed, arguing he should be found not criminally responsible on account of mental disorder under s. 16.

The Supreme Court of Canada dismissed the appeal, holding that a toxic psychosis resulting exclusively from self-induced intoxication is not a 'mental disorder' under s. 16, but rather falls under the self-induced intoxication provisions of s. 33.1.

The accused was convicted of first degree murder after the trial judge refused to put the defence of mental disorder automatism to the jury.

The Court of Appeal quashed the conviction and ordered a new trial.

The Crown appealed to the Supreme Court of Canada.

The Supreme Court dismissed the appeal, holding that the trial judge erred by weighing the evidence rather than simply determining if there was some evidence upon which a properly instructed jury could reasonably conclude that the accused acted involuntarily.

The accused's testimony and the expert psychiatric evidence provided a sufficient evidential foundation to put the defence to the jury.