R V Brown (2022)
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R V Brown (2022)
''R v Brown'', 2022 SCC 18, is a decision of the Supreme Court of Canada on the constitutionality of section 33.1 of the ''Criminal Code'', which prohibited an accused from raising self-induced intoxication as a defence to criminal charges. The Court unanimously held that the section violated the ''Charter of Rights and Freedoms'' and struck it down as unconstitutional. The Court delivered the ''Brown'' decision alongside the decision for its companion case ''R v Sullivan''. The case was a successor to the Court's controversial 1994 landmark decision in ''R v Daviault'', which held the common law " Leary rule", which restricts intoxication from being used as a defence, while constitutional to the extent it relates to normal forms of intoxication, could not be justified as it related to extreme forms intoxication akin to automatism. The case had sparked outcry, which served as a catalyst for Parliament enacting section 33.1. Parliament would likewise respond to the ''Brown'' ruli ...
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Court Of Appeal For Alberta
The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Canadian appellate court. Jurisdiction and hierarchy within Canadian courts The court is the highest in Alberta, Canada. It hears appeals from the Alberta Court of King's Bench, the Provincial Court of Alberta, and administrative boards and tribunals, as well as references from the Lieutenant Governor in Council (essentially the Alberta Cabinet). Some administrative appeals may bypass the Court of King's Bench, commonly orders made by professional discipline boards under the ''Medical Profession Act'', the ''Legal Profession Act'', but also under the ''Energy Resources Conservation Act''. Appeals from the Court of Appeal lie with the Supreme Court of Canada, Canada's court of last resort. Other than certain criminal matters, appeals to the Supreme Court of Canada are heard only by leave of that court. Since the Supreme Court denies leave in most cases, the Court of Appeal is th ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Court Of Appeal Of Alberta
The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Court system of Canada#Appellate courts of the provinces and territories, Canadian appellate court. Jurisdiction and hierarchy within Canadian courts The court is the highest in Alberta, Canada. It hears appeals from the Alberta Court of King's Bench, the Provincial Court of Alberta, and Court system of canada#Federal and provincial administrative tribunals, administrative boards and tribunals, as well as Reference question, references from the Lieutenant Governor of Alberta, Lieutenant Governor in Council (essentially the Alberta Cabinet). Some administrative appeals may bypass the Court of King's Bench, commonly orders made by professional discipline boards under the ''Medical Profession Act'', the ''Legal Profession Act'', but also under the ''Energy Resources Conservation Act''. Appeals from the Court of Appeal lie with the Supreme Court of Canada, Canada's court of last resort. Ot ...
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Court Of Queen's Bench Of Alberta
The Court of King's Bench of Alberta (abbreviated in citations as ABKB or Alta. K.B.) is the superior court of the Canadian province of Alberta. Until 2022, it was named Court of Queen's Bench of Alberta. The Court of Queen's Bench in Calgary was relocated to the Calgary Courts Centre in 2007. The Court of King's Bench has been located at the Law Courts building in Edmonton since the 1970s. History The court originates from the old Supreme Court of the Northwest Territories. Two years after Alberta became a province in 1905, the court was reorganized as the Supreme Court of Alberta and several lower district courts possessing a more limited jurisdiction. In 1921, the Supreme Court was reorganized to have an independent trial division (Supreme Court of Alberta Trial Division), and an independent appellate division (Supreme Court of Alberta Appellate Division), the precursor to the Court of Appeal of Alberta. On June 30, 1979, the Supreme Court Trial Division was renamed as "Court ...
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Willie DeWit
William Theodore deWit, Q.C. (born June 13, 1961) is a Justice of the Court of Queen's Bench of Alberta sitting in Calgary since 2017. Previously, he was a criminal defence lawyer and a professional boxer. He represented Canada at the 1984 Summer Olympics and won a silver medal in the heavyweight division. DeWit and teammate Shawn O'Sullivan were heavily touted going into the Games, as both had won the world championship. Early years DeWit played football in high school and was an all-star quarterback. He was offered a scholarship to the University of Alberta, but decided to quit football after he began learning how to box at a Grande Prairie health club which was run by a man named Jim Murrie. Impressed with his dedication and size, Murrie introduced deWit to Dr. Harry Snatic, a dentist and rancher who had been a youth boxing coach in Louisiana before moving his family in 1971 to Beaverlodge, a small town near Grande Prairie. He worked out with deWit three times a week, first ...
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Delirium
Delirium (also known as acute confusional state) is an organically caused decline from a previous baseline of mental function that develops over a short period of time, typically hours to days. Delirium is a syndrome encompassing disturbances in attention, consciousness, and cognition. It may also involve other neurological deficits, such as psychomotor disturbances (e.g. hyperactive, hypoactive, or mixed), impaired sleep-wake cycle, emotional disturbances, and perceptual disturbances (e.g. hallucinations and delusions), although these features are not required for diagnosis. Delirium is caused by an acute organic process, which is a physically identifiable structural, functional, or chemical problem in the brain that may arise from a disease process ''outside'' the brain that nonetheless affects the brain. It may result from an underlying disease process (e.g. infection, hypoxia), side effect of a medication, withdrawal from drugs, over-consumption of alcohol, usage of hall ...
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Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ....". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material eleme ...
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Hallucinogen
Hallucinogens are a large, diverse class of psychoactive drugs that can produce altered states of consciousness characterized by major alterations in thought, mood, and perception as well as other changes. Most hallucinogens can be categorized as either being psychedelics, dissociatives, or deliriants. However, certain hallucinogens such as Fly agaric as well as other gabaergic hallucinogenics are more often considered to technically be hypnotics, therefore indicating another separate subcategory of drugs which can substantially alter visual perception. Etymology The word ''hallucinogen'' is derived from the word ''hallucination''. The term ''hallucinate'' dates back to around 1595–1605, and is derived from the Latin ''hallūcinātus'', the past participle of ''(h)allūcināri'', meaning "to wander in the mind." Characteristics Leo Hollister gave five criteria for classifying a drug as hallucinogenic.Glennon RA. Classical drugs: an introductory overview. In Lin GC and Gle ...
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Psilocybin
Psilocybin ( , ) is a naturally occurring psychedelic prodrug compound produced by more than 200 species of fungi. The most potent are members of the genus ''Psilocybe'', such as '' P. azurescens'', '' P. semilanceata'', and '' P. cyanescens'', but psilocybin has also been isolated from about a dozen other genera. Psilocybin is itself biologically inactive but is quickly converted by the body to psilocin, which has mind-altering effects similar, in some aspects, to those of LSD, mescaline, and DMT. In general, the effects include euphoria, visual and mental hallucinations, changes in perception, a distorted sense of time, and perceived spiritual experiences. It can also cause adverse reactions such as nausea and panic attacks. Imagery found on prehistoric murals and rock paintings of modern-day Spain and Algeria suggests that human usage of psilocybin mushrooms predates recorded history. In Mesoamerica, the mushrooms had long been consumed in spiritual and div ...
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Calgary
Calgary ( ) is the largest city in the western Canadian province of Alberta and the largest metro area of the three Prairie Provinces. As of 2021, the city proper had a population of 1,306,784 and a metropolitan population of 1,481,806, making it the third-largest city and fifth-largest metropolitan area in Canada. Calgary is situated at the confluence of the Bow River and the Elbow River in the south of the province, in the transitional area between the Rocky Mountain Foothills and the Canadian Prairies, about east of the front ranges of the Canadian Rockies, roughly south of the provincial capital of Edmonton and approximately north of the Canada–United States border. The city anchors the south end of the Statistics Canada-defined urban area, the Calgary–Edmonton Corridor. Calgary's economy includes activity in the energy, financial services, film and television, transportation and logistics, technology, manufacturing, aerospace, health and wellness, retail, and ...
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Psilocybin Mushroom
Psilocybin mushrooms, commonly known as magic mushrooms, are a polyphyletic informal group of mushroom, fungi that contain psilocybin which turns into psilocin upon ingestion. Biological genera containing psilocybin mushrooms include ''Psilocybe'', ''Panaeolus'' (including ''Copelandia''), ''Inocybe'', ''Pluteus'', ''Gymnopilus'', and ''Pholiotina''. Psilocybin mushrooms have been and continue to be used in indigenous New World cultures in religious, Divination, divinatory, or Spirituality, spiritual contexts. Psilocybin mushrooms are also used as recreational drugs. They may be depicted in Stone Age rock art in Africa and Europe, but are most famously represented in the Pre-Columbian sculptures and glyphs seen throughout North, Central and South America. History Early Prehistoric rock arts near Villar del Humo in Spain, suggests that ''Psilocybe hispanica'' was used in religious rituals 6,000 years ago. The hallucinogenic species of the Psilocybe genus have a history of us ...
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Mount Royal University
Mount Royal University (MRU) is a public university in Calgary, Alberta, Canada. History Mount Royal University was founded by Alberta provincial charter by the Arthur Sifton government on December 16, 1910 and officially opened on September 8, 1911. Originally "Mount Royal College", the institution was the brainchild of Calgary Reverend George W. Kerby (1860-1944) who sought an opportunity for higher education for the benefit of young people from rural homes in the area. The provincial charter as presented in the legislature by R. B. Bennett was titled "Bill 48, ''An Act respecting the Calgary College''", however Premier Sifton, Kerby and others agreed not to use Calgary for the name of the new college. Mount Royal became a post-secondary institution in 1931 as Mount Royal Junior College (MRC) offering transfer courses to the University of Alberta and later to the University of Calgary. In 1972 Mount Royal moved from several buildings in downtown Calgary to a new campus in Li ...
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