R. V. Daviault

R. v. Daviault 3 S.C.R. 63, is a Supreme Court of Canada decision on the availability of the defence of intoxication for "general intent" criminal offences. The Leary rule which eliminated the defence was found unconstitutional in violation of both section 7 and 11(d) of the Canadian Charter of Rights and Freedoms. Instead, intoxication can only be used as a defence where it is so extreme that it is akin to automatism or insanity.

Read more about R. V. Daviault:  Background, Reasons of The Court, Dissent, Aftermath