''R v Lavallee'',
990
Year 990 ( CMXC) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Al-Mansur, ''de facto'' ruler of Al-Andalus, conquers the Castle of Montemor-o-Velho (mode ...
1 S.C.R. 852 is a leading
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
case on the legal recognition of
battered woman syndrome
Battered woman syndrome (BWS) is a pattern of signs and symptoms displayed by a woman who has suffered persistent intimate partner violence: whether psychological, physical, or sexual, from her male partner. It is classified in the ICD-9 (code ) a ...
. The judgment, written by Justice
Bertha Wilson
Bertha Wernham Wilson (September 18, 1923April 28, 2007) was a Canadian jurist and the first female puisne justice of the Supreme Court of Canada. Before her ascension to Canada's highest court, she was the first female associate and partner at ...
, is generally considered one of her most famous. The court held in favour of allowing battered woman syndrome to explain how the mental conditions for
self-defence
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
were present in this case, and Lavallee's acquittal was restored.
Background
Angelique Lynn Lavallee was in an abusive common law relationship with Kevin Rust. During a particularly serious fight Rust threatened to harm her, saying "either you kill me or I'll get you". During the altercation Rust slapped her, pushed her and hit her twice on the head. At some point during the altercation he handed Lavallee a gun, which she first fired through a window screen. Lavallee first contemplated shooting herself, however when Rust turned around to leave the room she shot him in the back of the head. At trial, Lavallee argued
self-defence
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
, and had a psychiatrist testify in her support. He explained the effects of her circumstances on her mental state and that in the state she was in she felt she was going to be killed and had no alternative but to shoot him. Lavallee did not testify. The jury acquitted Lavallee, the verdict was overturned on appeal, and finally the original verdict was upheld by the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
.
At issue before the Supreme Court was whether the expert evidence on the so-called "
battered woman syndrome
Battered woman syndrome (BWS) is a pattern of signs and symptoms displayed by a woman who has suffered persistent intimate partner violence: whether psychological, physical, or sexual, from her male partner. It is classified in the ICD-9 (code ) a ...
" was admissible.
Reasons of the court
Justice
Bertha Wilson
Bertha Wernham Wilson (September 18, 1923April 28, 2007) was a Canadian jurist and the first female puisne justice of the Supreme Court of Canada. Before her ascension to Canada's highest court, she was the first female associate and partner at ...
, writing for the court, held that expert evidence is often needed when stereotypes and myths are inherent in a layperson's reasoning. In particular here, the woman's experience and perspective is relevant to inform the reasonable person's standard required for self-defence.
See also
* ''R v Malott'',
998
Year 998 ( CMXCVIII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Spring – Otto III retakes Rome and restores power in the papal city. Crescenti ...
1 S.C.R. 123
External links
*
Martha Shaffer, "The Battered Woman Syndrome Revisited: Some Complicating Thoughts Five Years after R. v. Lavallee" (1997) 47 University of Toronto Law Journal 1
Supreme Court of Canada cases
1990 in Canadian case law
Canadian criminal case law
Canadian evidence case law
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