Court ruling on intoxication as defence ‘dangerous’
Niagara-based organizations that help women recover from abuse are saying a recent decision by an Ontario Superior Court judge to allow extreme intoxication as a defence in sexual assault cases is a shocking step in the wrong direction.
The August ruling from Justice Nancy Spies relates to a Supreme Court decision established more than 25 years ago that drew enough attention that the federal government introduced a law to limit the impact it could have.
That law has had several critics over the years, but supporters believe it was essential to protect victims from violence committed by people under the influence.
During the trial of a Toronto man accused of sexual assault in early August, Spies downplayed that argument in her decision, opining that the law limited a viable possible line of defence without offering proper protection for women.
Cheri Huys, volunteer co-ordinator at Niagara Sexual Assault Centre, said the recent development is “really disappointing” and that it will make women and children more at risk to abuse.
“This is a dangerous thing to be putting out there,” she said.
Statistics show that many sexual assaults go unreported for a number of reasons, and this latest court ruling will add to that list she believes.
“I think this will certainly decrease those numbers even further,” said Huys.
The employee at the St. Catharines centre also wants to know what kind of precedent this sets for people charged with other crimes.
“What about a drunk driver? Where does this leave us?” she asked.
With so much progress being made through women’s rights efforts like the MeToo movement, Huys said the decision to allow defendants to use drunkenness as an excuse for their behaviour is a major concern.
“It feels like this is a backwards step,” she said.
“I’d hope most people are more informed about consent and that we’re really working toward hav-
ing more respect for one another,” added Huys. “I think we’re going to have to have some kind of strategy to speak to this.”
Jennifer De Angelis, acting executive director at Women’s Place of South Niagara, also feels the move by Ontario Superior Court will create more harm than good.
“We work from a position and believe that individuals should be accountable for gender-based violence, regardless of the circumstance,” she said.
“It really sets back the rights of women in Ontario,” added De Angelis.
Women’s Place serves about 250 women affected by sexual abuse annually, but the need for assistance is much greater than what it is able to provide.
“We’re turning away about the equal amount of people trying to access our services,” she said.
More beds are a major priority for programming with the organization, which depends on funding from the province, fundraising, grants and United Way of South Niagara.