It is universally known that alcohol, drugs, and guns are not a good mix. Alcohol and substance consumption causes many individuals to lose their inhibitions and act violently in conflicting situations. Where the weapons are involved, the consequences can easily escalate to assault with a weapon charges in Canada.
Alcohol- and drug-related assault charges can be nuanced and context-dependent. Below, we discuss how the criminal law in Canada treats intoxication in connection with violent behaviour and explore the defence strategies for assault with a weapon in these scenarios.
Key Takeaways
- Drunkenness is not a defence for committing criminal acts.
- Losing control and acting violently while under the influence of alcohol or drugs is a crime in most cases.
- The defence of extreme intoxication is available only in very rare cases where the accused acts in a state of mind similar to automatism.
Table of contents:
- The Law on Assault with a Weapon Charges in Canada
- Impact of Substance Use on Assault Cases
- Defence Strategies for Assault with A Weapon Under the Influence of Alcohol or Substances
- Penalties and Sentencing
- The Role of Legal Representation for Assault Charges Involving Alcohol or Drugs
- Preventative Measures to Avoid the Impact of Alcohol on Assault Cases
The Law on Assault with a Weapon Charges in Canada
In the Canadian Criminal Code, assault offences include a broad spectrum of crimes involving the intentional application of force onto another person without their consent, as well as attempts or threats. Meanwhile, in Canada, anything used or designed to be used for injuring, threatening, intimidating or killing another person can be considered a weapon. Accordingly, not only guns and knives but also any household object such as beer bottles, frying pans, hammers or shovels can count for assault with a weapon under the Criminal Code.
Alcohol and drugs are known for their impact on individual behaviour, making some people more violent or aggressive. Meanwhile, intoxication alone is never a defence in assault cases. On top of that, Section 33.1 of the Criminal Code clearly says that even when someone acts violently under extreme intoxication akin to automatism, they may be criminally charged if they conscientiously induced such intoxication and should have reasonably foreseen its consequences.
Impact of Substance Use on Assault Cases
In Canada, the criminal law recognizes three levels of intoxication, which have different degrees of impact on criminal charges, including assault with a weapon charge in Canada.
Mild intoxication
Also known as mild drunkenness, the first level of intoxication reduces inhibitions and socially acceptable behaviour. The judges never recognize it as a factor affecting the accused’s state of mind when committing an offence.
Advanced intoxication
The next level is advanced intoxication, where the accused’s foresight of consequences is impaired. At the same time, advanced intoxication is never a defence for assault with a weapon charge in Canada, which is a general-intent offence which doesn’t aim at any specific result.
Extreme intoxication
The last one is extreme intoxication, which the law treats similar to automatism—an involuntary behaviour where a person cannot control their actions. Importantly, the Supreme Code of Canada concluded that alcohol alone will almost never lead to extreme intoxication.
That said, under certain conditions, the defence of extreme intoxication can be available for substance- and drug-related assault charges.
Defence Strategies for Assault with A Weapon Under the Influence of Alcohol or Substances
Since mild and advanced levels of intoxication do not influence the judges’ decisions in these matters, the defence can explore all available strategies for assault with a weapon or gun charges. For cases of extreme intoxication, the criminal defence lawyer would have to evaluate if the accused voluntarily consumed the substances and should have been able to foresee their effect on losing control.
Depending on the circumstances, the defence lawyer can use one of the following strategies to contest the charges:
- Defence of extreme intoxication: This strategy can be applied to very rare cases committed in the state, similar to automatism, where the accused took a substance by accident, lost control, and/or couldn’t reasonably foresee its impact.
- Questioning the credibility of witnesses under the influence: In cases involving witnesses or the victim under the influence of alcohol or drugs, the defence can contest the accuracy of their statements against the accused in light of their intoxication.
- Violation of Charter rights: In defending criminal cases, probing into possible violations of the accused’s Charter rights is a common strategy to contest or dismiss the evidence.
- Self-defence claims: Intoxicated or not, everyone has the right to self-defence. This also includes self-defence with a weapon if someone reasonably believes that they are in danger and their response is proportionate to the threat.
Penalties and Sentencing
The penalties for assault with a weapon can vary depending on the severity of the offence and whether the Crown decides to proceed summarily or by indictment.
In less severe cases involving intoxication and assault charges, where the prosecution chooses summary conviction, the maximum penalty is two years of jail time less a day and/or a fine of $5,000 or both. In more serious instances, when the Crown decides to proceed by indictment, the accused can face a maximum penalty of 10 years in prison. Importantly, substance use on its own is not considered an aggravating or mitigating factor in these cases.
The conviction for drug-related assault charges involving a weapon is typically followed by a weapons prohibition order. And regardless of the severity of the offence, the conviction results in a criminal record with far-reaching consequences for the offender.
The Role of Legal Representation for Assault Charges Involving Alcohol or Drugs
In such convoluted criminal situations as assault with a weapon under the influence of alcohol or drugs, the presence of intoxication of the perpetrator, victim, witnesses or both calls for a nuanced defence strategy. It can become even worse when substance-induced assault results in murder, which bears a maximum sentence of life in jail.
It is always critical to engage a seasoned lawyer early in the process to avoid hurting your case and increase the chances of a successful defence. Having an experienced assault lawyer in Toronto by your side can help implement the most effective defence strategies tailored to the circumstances, intent, and weapon type in assault cases.
Preventative Measures to Avoid the Impact of Alcohol on Assault Cases
Given the dangerous nature of guns and other weapons, an assault involving them can easily escalate. Substance-fuelled altercations often become heated and get someone heavily injured or even killed, which could end in manslaughter charges or a conviction for murder.
In Canada, intoxication alone, even the most extreme one, is not automatically a defence in assault with weapon cases. The criminal law ensures that even those who lose control due to extreme intoxication and commit violent offences are criminally liable if they consume intoxicants voluntarily in a negligent manner. It is always worth remembering the impact of alcohol on assault cases and avoiding consuming substances in potentially conflicting scenarios or situations involving weapons.
Conclusion
Substance use and violent offences often come together, resulting in heavier harm and aggravated criminal consequences. While Canadian criminal law admits that someone under extreme intoxication to the point of automatism can act involuntarily, it doesn’t allow self-induced negligent intoxication as an excuse for violent behaviour.
The defence against assault with weapon charges where alcohol or substances are involved can be nuanced and requires meticulous planning. If you or your close ones face alcohol- or drug-related assault charges in Mississauga, Newmarket, Scarborough, Vaughan, Barrie or anywhere else in the Greater Toronto Area, please don’t hesitate to contact Vilkhov Law criminal lawyers for a free initial consultation. You can reach out to Vilkhov Law’s central office in downtown Toronto or get in touch with our lawyers for each specific city, for example, our Brampton criminal defence lawyer for automobile accident-related charges in Brampton.
