What Is Automatism? And Can It "Justify" Violent Criminal Behaviour In Canada?

• Jurisdiction: Canada
• Published date: 13 March 2023
• Law Firm: Watson Goepel LLP
• Author: Ms Katharine E. Hennebery

In May 2022, the Supreme Court of Canada ("SCC") released two concurrent judgments for two cases dealing with circumstances where the accused was relying on a defence of "automatism."

At common law, automatism is "a state of impaired consciousness, rather than unconsciousness, in which an individual, though capable of action, has no voluntary control over that action" (R v. Stone, [1999] 2 S.C.R. 2019, at para. 156).¹

Court Decisions Involving Automatism

In R v. Brown, 2022 SCC 18, the defendant, consumed alcohol and magic mushrooms at a party, which contained psilocybin. He then "lost his grip on reality" and left the party and broke into a home and violently attacked a woman, who suffered permanent injuries. Mr. Brown was acquitted at trial, with the trial judge agreeing with him that s. 33.1 of the Criminal Codeviolated ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms.His acquittal was overturned at the Court of Appeal and the matter was referred to the SCC.

In R v. Sullivan, 2022 SCC 19, there were two appeals of two defendants charged with unrelated crimes, heard at the same time. Mr. Sullivan intentionally took...