R V Daviault Case Summary

R. V. DAVIAULT, [1994] 3 SCR 63

CASE ANALYSIS
BY: TAIYA SHEARER-SMALL
TUESDAY, DECEMBER 4TH 2012

R. V. DAVIAULT (1994)

The issues presented in the R. V. Daviault case can be considered to be a true example of the flaws in not only our criminal law, but our constitutional laws as well. This case in particular makes us as a society question the thin line between law and justice. The Leary Rule, established so that those charged with a criminal offence, such as sexual assault, can use intoxication akin to automatism as a defence. Canadian laws were not only made to protect the people of our society, but rather constructed for the people of Canada to live by, as our constitutional laws were set forth to ensure the safety and financial…show more content…
Not only do the issues presented in the R. V. Daviault case have a negative impact on Canadian law, but also influences the rights of citizens and society as a whole in a negative way.
Initially, before the Leary V. The Queen [1978] case, there was no such thing as the Leary rule. Those who had committed such a crime as rape were not given the opportunity to use drunkenness as a defence for one’s actions. The Supreme Court decided to dismiss Allan Leary’s appeal based on the grounds of mens rea. In regards to the R. V. Daviault case, his criminal charges of sexual assault were acquitted because of the appellant’s extreme intoxication at the time of the assault. The change and development of Canadian laws and rules were implemented to uphold the security and safety of our citizens, but instead, the Leary rule has considerably broken the fundamentals of justice. Instead, the Leary rule has violated sections seven and eleven (D) of the Canadian Charter of Rights and Freedoms. For section seven of the Canadian Charter of Rights, an important principle…show more content…
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